was surrendred vpon the like condition The Castle of Striueling at the kings approach beeing left desolate and hauing the gates set wide open offered it selfe vnto his entrance King Edward following his good fortune passed from hence ouer the forth and about Midsomer came to the Towne S. Iohn While hee remained there king Iohn now dispayring to recouer by force his manifold losses sought by intreaty to be reconciled and receiued into grace which at length was granted so as king Iohn and his Nobilitie acknowledging their error resigned the kingdome of Scotland into the hands of king Edward in māner following Iehan per le grace de Dieu c. Iohn by the grace of God king of Scotland To all those that these present Letters shall see or heare sendeth greeting Because that wee through euill counsell and our owne simplicitie haue grieuously offended our Soueraigne Lord Edward by the Grace of God king of England Lord of Ireland and Duke of Aquitaine in many things that is to say In that whereas wee being and abiding vnder his faith and homage haue bound our selues vnto the king of France which then was his enemy yet is procuring a marriage with the Daughter of his Brother Charles de valois And that wee might vex our sayd Lord and aide the king of France withall our powre by warre and other meanes we haue at length by aduise of peruerse counsell defied our sayd Lord the King of England and haue put our selues out of his allegiance and homage and sent our people into England to burne houses to take spoiles to commit murther with many other damages and also in fortifying the kindome of Scotland which is of his fee putting armed men into townes Castells and other places to keepe the Land against him defraud him of his fee. For the which transgressions our sayd soueraigne Lord the king entring into the realme of Scotland with his powre hath conquered and taken the same notwithstanding all that we could do against him as by right hee might do and as appertained to a Lord ouer his fee because that wee did render vnto him our homage and yet neuerthelesse made the foresaid rebellion Wee therefore it being yet in our powre free-wil do surrēder vnto him the realme of Scotland and al the people of the same with the homages In witnesse whereof wee haue caused these our letters patentes to be drawne Giuen at Brechin the tenth day of Iuly in the fourth yeare of our raigne sealed with the cōmon seale of the kingdome of Scotland This done king Edward hauing receiued the Son of Balliol in pleadge of his fathers fidelity passed on further to see the moūtaine Countries the Bishop of Durham euer keeping a daies iornay before him after hee had passed thorowe the land of Murrey and was come to Elghin perceiuing al the Country quiet he returned to Berwicke whether he sommoned all the Noblemen of Scotland of whom he receiued their seuerall homages confirming the same vnder their hands and seales in forme following Atouz ceux qui cestes lettres verrent c. To all those that these present letters shall see or heare We Iohn Cumin of Badenaw c. Do hereby vowe and promise for vs and our heires vpon paine of body and goods and of all that we haue that wee shall serue the most Noble Prince and our dearest Lord Edward by the grace of God king of England c. well and truly against all men which may liue and die at all times when we shal be required or warned by our said Lord the king of England or his heires And that we shall not know of any hurt to be done vnto them but the same wee shall let and impeach with all our power and giue them warning thereof And these things to hold and keepe we bind vs our heires all our goods And further do receiue an oth thereof vpon the holie Euangelists And after all wee and euery one of vs haue done homage vnto our soueraigne Lord the king of England in these words I become your liedge man of life members earthly honour against all men which may liue and die And our sayd soueraigne Lord the king receiued this homage vnder this forme of words We receiue it for the land of the which you bee now seased the right of vs or others saued except the lands which Iohn Balliol sometime king of Scotland graunted vnto vs after that we did deliuer vnto him the kingdome of Scotland if happily he hath giuen vnto you any of those landes Moreouer al we and euery one of vs by himselfe haue done fealty to our sayd soueraigne Lord the king in these words I as a faithfull and leidge man shall keepe faith and loyaltie vnto Edward king of England and to his heires of life member and earthly honour against all men which may liue and die And shall neuer for any person beare armoure or shal be of counsell or aide any person against him or his heires in any case that may chaunce but shall faithfully acknowledge and do the seruice that belongeth to the tenements I clame to hold of him as God mee helpe In witnesse wherof these letters pattents are made and signed with our seales Giuen at Warke the 24. of March in the yeare of the raigne of our sayd Lord the king of England fiue and twentieth King Edward hauing appointed Iohn Warren Earle of Surrey warden of Scotland Hugh Cressingham Treasurer and William Drusbie chiefe Iustice and sent a conuenient companie to attend and safe conduct Iohn Balliol and some of the principall Lords of that realme into England he followed soone after him selfe Balliol had liberty to take recreation within the circuite of twenty miles about London the rest were charged on paine of death not to passe out of England till the king had made an end of his warre with France which now he was to vndertake and to that end after his returne home about the latter ende of summer hauing prepared all things fit for that iorney hee passed ouer into Flanders where hee remained vntill the next spring and then returned backe againe by reason of a rebellion allreadie begun in Scotland a little before his going ouer and now by his absence was growne more dangerous then it was at the first thought it could proue The chiefe Captaine hereof was one Wallais a Scotishman whose meane estate had well neere worne out the memorie of his ancestry yet neuerthelesse showed himselfe euen in his greatest penury of courage not incident to a vulgar and base spirit This gallant wearied with his obscure and abiect condition of life hauing nothing to loose besides it neither valewing the same at anie great price beganne to pluck vp his benummed spirites and to be-thinke him-self how to make way vnto the atchieuement of some famous and valorous exploite fortune was so fauorable vnto him that he was sodenly aduanced beyond al mens exspectation for the extraordinary
dangerous practice of Thomas Lord Howard Duke of Norfolke in contriuing marriage with the Scottish Queene for the which hee was now againe the second time hauing before beene deliuered thence coÌ„mitted to the Towre of London where he remained prisoner from the seuenth of September till the thirteenth of Ianuary following on which day he was arraigned in VVestminster-hal before George Lord Talbote Earle of Shrewsbury high Steward of England for that day and there by his Peeres found gilty of high treason and according to the iudgment passed vpon him was beheaded on the Tower-hill betweene seauen and eight of the clock in the morning the secoÌ„d day of Iune in the yeare 1572. It was great pittie this good Duke was so bewitched by the Babilonian Circe that man of Rome and his agentes as that he could not foresee the danger whereinto he was falne by vndertaking that vnhappy enterprice who if hee had beene better aduised might long haue continewed a principall piller of our common weale On the 22. of August following Thomas Lord Percy Earle of Northumberland hauing before beene attainted of high treason by Parliament as being one of the principal conspirators in the late rebellion and now brought out of Scotland whether he was fled was likewise beheaded at Yorke about two of the clock in the after noone But Charles Neuil Earle of Westmerland his associate in the said rebellion finding no safety for him-selfe in Scotland got ouer into the low-countries where he liued a long time after While these things thus passed in England the aduerse faction of Scotland who were the fewell of this fire ceased not in their accustomed maner still to crosse the proceedings of the Lords of the Kings party for the Earle of Lennox enioyed not the Regencie hardly one yeare before he and the rest of his adherents were sodenly set vpon by their aduersaries at Striueling where before the Earle could bee rescued out of their hands he was so wounded by the shot of a Pistolet that hee died thereof the same night After whose death the Lords made choise of the earle of Marre to succeed him in that dignitie The Queene of England still laboured by all good meanes to accord these iarres in Scotland but it would not preuaile by reason the French king neuer ceased to animate and incourage the Scottish Queenes partie to stand out who from the death of the earle of Murrey was possessed of the Towne and Castell of Edenbrough the strongest hold and chiefe towne of that realme For the recouery hereof the Queene of England was entreated by the other party to assist them with some competent forces Here-vpon Sir William Drewry was once againe sent into ScotlaÌ„d accompanied with Sir Francis Russell Captaine Read Captaine Erington maister of the Ordinance and Prouost Marshall Captaine Pikeman Captaine Gamme Captaine Wood Captaine Case Captain Stâ—rrey and Thomas Bâ—rton to whose charge was committed one thousand Souldiers three hundred Pioners and certaine peeces of batterie viz sixe double Canons foureteene whole Culuerings two Sacres two mortuis peeces and two Bombards Certaine other Gentlemen accompanied the Generall as voluntary followers namely Sir George Carie Sir Henry Ley Maister Thomas Cecill now Lord Burghleigh Maister Michell Carie Henrie Carie William Knowles Thomas Sutton Cotton Kelloway Dyer Tilney William Killigrew William Selbie and others The Englishmen beeing come to Edenbrough some foure or fiue bands of the Scottishmen ioyned with them and brought three or foure peeces 〈◊〉 of Artillarie The footmen haâ—ing without râ—sistance entred the Towne the Canon from the Castell was sundry times discharged vpon them but did no harme saueing by beating vp the Stones in the streete 〈…〉 Brickman was thereby hurt in the face The same day the Castell was summoned by a Messenger of Armes in maner following Sir William Kerâ—andie some times of Grange Knight For as much as the Queenes Maiestie my Soueraigne Lady â—â— the earnest request of her deere Cousin the King of Scottes your Soueraigne Lord made to her Highnesse by his Râ—â—â—â— Nobilitie and 〈◊〉 of the realme after all good meanes vsed by â—reaty to haue reduced you to dutiful obedience of his authority which hitherto you haue not duly harkned vnto to the onely hinderance of the vniuersall peace in this realme by with-holding this his Highnesse Castell meaning as it seemeth to reserue the same for a receptacle of forraine forces to the manifest danger of this realme of my Soueraigne and therefore necessarily to be in time remoued for which consideration her Maiestie hath sent her aide and succours of Men Ordinance Munition vnder my charge and leading for the expugnation and recouerie of the said Castell to the said Kings vse and behoofe And therefore according to her Maiestes commandement and commission this shall be in due maner to warne require and summon you that you render deliuer the said Castell with all the Ordinance Artillary Munition Iewels houshold stuffe such other implements within the same to me to the vse and behoofe of the King your Soueraigne his Regent in his name immediatly after this my letter of SoÌ„mons or knowledge of the same shal come vnto you which if you obey as of dutie you ought then will I in her Maiesties name enterpose my selfe to trauell with the Regent Counsel Nobility here for the safety of your liues But otherwise if you continue in your former obstinacie abiding the Canon theÌ„ looke for no further grace But you the rest within that Castel shal be pursued to the vttermost holdeÌ„ as enimies to his maiesty your owne soueraigne and Country General Edâ—â—â—â—â—â—gh by me Williâ—â—â—â—â—â—â—y Knight General of her Maiesties forces now in Scotland this 25. day of April in the yeare 1573. Notwithstanding this Sommons the Captaine vtterly refused to yeeld vp the Castell wherevpon as well the defendants within as the assailants without prepared all things where-with on the one side to repulse on the other to expulse one the other But the Cannon was so well applied by the Englishmen that the enemy was forced to a parley wher-vpoÌ„ on the third day following being the 28. of May the Castell was surrendred into the hands of the Generall and his Ensigne was erected in sundry places thereof vntill he deliuered the same ouer againe to the vse of the King of Scottes togither with the prisoners taken therein namelie Sir William Kerkandy the Captaine the Lord 〈◊〉 the Lord of Ledington Secretary the 〈◊〉 of Peterro Constable of the Castell the Countesse of Arguile the Lady of Ledington and the Lady of Grange The priuate souldiers other their seruants were licenced to depart with bagge and baggage This Castell was neuer before taken by force the same beeing alwaies thought of such impregnable strength thorow the naturall scituation thereof as by no engine and deuice it could possible bee atchieued But what can now withstand the force of the Cannon if the same be subiect to battery Since that
for abrogating the ancient lawes and customes of the land hee established others such as either he had brought out of Normandie or that he thought more fitte for the present gouerment of the English nation And further taking from the Englishmen their lands and possessions hee bestowed them on his followers and partakers in his conquest at his owne will and pleasure Herevpon as also by manie other extremities dayly offered more and more to all degrees and estates the great men especially who thorow the greatnesse of their mindes could worst indure so many indignities conuaied them-selues out of the realme some into one country some into another hoping to finde such fauour with forraigne Princes as with their helpe they might happily one day finde meanes to bee restored againe to their former estates and dignities in their natiue Countrie Amongst these Edgar Atheling whom this businesse concerned more then any of the rest purposing to haue sailed into Germanie to his friends and alliance there together with his mother and two sisters was by contrary windes as the Lord would haue it driuen into Scotland where they were curteously intertained of Malcolme surnamed Cammore the King of that Countrie the rather because they were of the bloud and linage of King Edward the Confessor by whose especiall meanes he had beene established in his Kingdome Shortly after in respect no doubt of the possibilitie wherein shee stood to come by the Crowne of England after her brother King Malcolme tooke to wife the Lady Marguerit the elder sister This marriage was solemnized about Easter next following in the yeare 1067. King William hearing what had passed in Scotland and fearing lest this alliance might worke him some displeasure for Edgar had many well-willers in England forth-with sent an Harold of Armes to King Malcolme for the deliuery of him which if it would not be granted then he should denounce open warre against him Answer was here-unto made that hee held it a very vniust thing yea a very wicked part for him to deliuer Edgar into his hands that onely for feare of the losse of his life was forced to flie out off England beeing of that innocent carriage and demeanor towards the King his Maister that euen his greatest aduersaries could no way touche him with the least suspition of disloyaltie Further that he was now bound besides the respect of ordinary humanitie in this case by more straight bands of neere alliance to tender his estate So as King Malcome was no whit terrified with these threats still intertaining Edgar his friends that dayly repaired into Scotland by whom King Malcome being incouraged tooke the oportunitie that was offered For whilest King William was occupied in pursuing the English Rebels he with his armie entred into England wasting and spoiling the countries of Theisdale and Cleueland and the lands of Saint Cutbert with diuers other in those parts For the suppressing of whom King William sent Gospatrike whom he had lately before made Earle of Northumberland in the place of Syward that tooke part against him with the Scottes and Englishmen their adherents Entring into those parts he made the like spoile as was before made by the Scottes so as those countries were grieuouslie afflicted on both sides But yet their miseries had no end for Gospatricke was no sooner returned but the Scots entring those countries againe exceeding their former cruelty vpon the poore inhabitance King William to giue end to these extremities hauing assembled a mighty armie in his owne person entred into Scotland about the middest of August pursuing the English rebels and their partakers into Galloway but they being not disposed to abide his approach fled vnto the Mountaines wherefore giuing them ouer hee turned his forces into Lothiane where he vnderstood that king Malcome was incamped with all his whole powre purposing to make a conquest of Scotland also But when these two puissant armies were euen ready to assaile one the other the Scottish king distrusting his strength and fearing the fortune of the Conqueror sent an Harrald of Armes to enter into treatie of a firme peace betweene the two Nations wherevnto king William was drawne at the length on these conditions First that king Malcome should doe homage vnto the king of England for the realme of Scotland On the other side that king William should pardon all those Englishmē which then tooke part with Malcome against him Further to auoide all occasion of quarrell that happily might afterwards arise about the limits bounds of the two kingdoms it was agreed vpon that a crosse of stone should be erected in Steenmore which tooke that name of the nature of the soile which was very stonie bearing the Armes and Image of the king of England on the South-side thereof and on the contrary-side the armes and Image likewise of the king of Scotland which while it stood for many yeares after was called the crosse of the kings Thus were they accorded and thence-forth continued in friendship while they liued together King William in his returne tooke the Earledome of Northumberland from Gospatricke on whom he had lately bestowed the same and gaue it to Waltheof the sonne of Siward deceased that held it in the right of Alfred his wife the daughter heire of Aldread some-time Earle of that Prouince Waltheof was in that fauour with the king that shortly after he gaue him to wife the lady Iudith his neece daughter to Lambert Earle of Leux with all the lands belonging to the honor of Huntington whereby he became Earle of Northumberland Huntington Notwithstanding these especial fauours Waltheof not long after entred into a conspiracy against the king which although he disclosed before it brake out into open warre king William was so highly offended thereat that he caused him to be beheaded not without some note of cruelty hauing reuealed the whole practise and submitted himselfe to the kings mercy Edgar Atheling returning out of Scotland obteined the kings fauour was highly aduanced but to auoid further danger in which case a Prince cannot be too circumspect he was not admitted without leaue to depart the Court while he liued King William the Conqueror being deceased in the 20. 1087. yeare of his raigne about 14. yeares after the former conclusion of peace whether it was to reuenge the death of Earle Waltheof his cousine germaine executed as before you haue heard or whether he was drawn on by an ambitious humor to inlarge his dominions or as some haue rather thought prouoked therevnto by some vnkindnes offred by K. Williā Rufus who succeeded his father here whatsoeuer the cause was King Malcolme taking the oportunitie while the King and his elder brother Robert Duke of Normandie were at some variance about the Crowne entred with his Armie into Northumberland preying vpon the inhabitants as farre as Chester in the street The King of England sent such forces against him as that entring into Scotland they tooke the Castell of Anwicke putting
all to the sword that made resistance where leauing a garrison for the defence thereof the army returned home And for the better restraint of further molestation on that side the King caused the City and Castell of Carleil which had beene ruinated by the Danes about 200. yeares before to be reedified and peopled againe granting many priuiledges to the inhabitants which they enioy to this day King Malcolme being not a little discontented with the losse of Anwicke shortly after gathered a new powre laide siege to the towne wherat both he himselfe and Prince Edward his eldest sonne by one misfortune or other for the writers agree not on that point lost their liues the whole army put to flight This came to passe in the 36. yeare of King Malcolme his raigne and in the sixt of King William Rufus 1093. Anno. 1093. Though this Malcome had in his time much disturbed the English nation by sundrie harmefull inuasions neuerthelesse by the meanes of his foresaid mariage with the sister of Edgar Atheling the realme of England became of an open and professed enemie an assured friend yea euen a very sanctuarie to his poore Orphaine children for their vncle Edgar a man of great sanctimonie and fidelitie wisely foreseeing and warily preuenting the danger wherein those babes stood vnder the vsurped gouernment of Donald their fathers brother sent presently for them into England The three sonnes Edgar Alexander and Dauid succeeded one the other in their Fathers kingdome Mawde the eldest Daughter surnamed the Good was afterwards maried to the first Henry King of England Mary the other daughter to Eustace Earle of Bulloine the base whose daughter named after her Mother was maried to Stephen King of England This happy progenie the more happy for the vertues of their deceased Mother and liuing Vncle were not onely educated at his charge and instructed in all good nurture beseeming their birth and linage but also when the young Prince Edgar was come to ripe age Edgar his Vncle obtained of king William Rufus a competent powre wherewith now the second time for once before hee had with the like helpe expulsed Donald and crowned Duncam king Malcomes base Sonne in his place hee vtterly expelled Donald and set Prince Edgar in full and peaceable possession of the Crowne of Scotland which hee enioyed during his life King William shortly after deceasing without issue his brother Henry the Conquerors yongest sonne was admitted king of England by the generall consent of the whole nation Anno 1100. King Edgar not onely renewed the league with him which before was continued with Rufus but for the more strengthning of the same he gaue the Lady Mawde his eldest sister vnto him in marriage as is aforesaid by whom he had issue that liued Mawde the Empresse Mother to Henry the second afterwards king of England The mutuall amitie that by this mariage was nourished betweene these two nations during the life of this Henry and the Queenes brothers Edgar and Alexander was confirmed by the mariage also of Dauid her yongest brother with an other Mawde the Daughter and heire of Waltheoff late Earle of Northumberland Huntingtō as before you haue heard by which mariage that Earldome with a great part of Northumberland and Westmerland were annexed to the Crowne of Scotland as afterwards shall better appeare Henry the first departing out of this life in the sixe and thirtith yeare of his raigne leaft to succeed him onely a Daughter for his sonnes were both drowned in their passage hither out of Normandie This Lady was first maried to the Emperor Henry the 4. who dying without issue she was maried againe to Geffery Plantagenet Earle of Aniou by whom she had issue while her father liued Henry the 2. afterwards king of England Notwithstanding that Stephen Earle of Boloigne nephew to the last deceased king for Adela his mother was one of the daughters of William the Conqueror had together with the rest of the nobility sworne vnto King Henry to admit his daughter the Empresse to succeed him as lawfull heire to the Crowne of England hee nothing regarding his oath made no scruple to intrude himselfe into the royall throne Immediatly whervpon he sent an Ambassage vnto K. Dauid of Scotland demanding homage as wel for that realme as for all other the lands signories which he held of him within England where-vnto K. Dauid answered that both Stephen he himselfe with all the nobility of England were all seuerally bound by oath to the obedience of the Empresse his neece as the only lawfull and liniall heire to King Henry her father whereof he for his part made that conscience as that during her life he would neuer acknowledge any other true inheritor to the crowne of Englād King Stephen not a little displeased with this his resolute answer inuaded the territories of Scotland where-vpon much trouble arose to both nations But after the warre had continued 2. or 3. yeares with equall losse on both sides in the end thorough the mediatiō especially of the Queene of England who was also Neece to K. Dauid by his other Sister Mary Countesse of Boloigne as hath beene afore-said a peace was concluded on these conditions That the Counties of Northmuberland and Huntington should remaine in the possession of Prince Henrie of Scotland as heire vnto them in the right of his Mother but Cumberland should bee thence-forth held and reputed the lawefull inheritance of king Dauid that both Father and Sonne should acknowledge and yeelde to king Stephen and his successours for the time being for these signories the accustomed seruices due for the same King Stephen was the more willing to yeelde herevnto by reason of his infinite trobles which daylie more and more increased by the plottes and practises of the friends of the Empresse neuer ceasing to worke him all the displeasure that possibly they could deuise the victory falling sometimes on the one side and sometimes on the other Such was the estate of this Land during his whole raigne for the space of eightene years In the meane season though king Dauid preferred the iust title of the Empresse before the colourable pretext of Stephen yet hee so much regarded the worde of a king that although hee was no doubt greatly solicited by the Empresse to breake of with her aduersary yet would hee not bee drawne at any time therevnto although that troublesome season offred him fit oportunity for his owne aduantage which commendable and Christian resolution well appeared in him when as afterward hee intertayned Prince Henry Sonne to the Empresse at Carliele who being come thither accompained with the Earles of Chester and Hereford and diuerse other noblemen and gentlemen of good account both of England and Normandie of purpose as it seemed to draw the king to their part whose assistance only wanted to the expelling of the vsurper hee would by no means breake his faith with England but resting quiet at home nothing was at
habere debent de domino rege hominibus suis Pro ista verò conuentione fine firmiter obseruando domino regi Henrico filio suo haeredibus suis à rege Scotiae haeredibus suis liberauit rex Scotiae domino Regi castellum de Rockesburgh castellum Puellarum castellum de Striuelinge in manu domini Regis ad custodienda castella assignabit rex Scotiae de redditu suo mensurabiliter ad voluntatem domini Regis Praeteria pro praedicta conuentione fine exequendo liberabit rex Scotiae domino Regi Dauid fratrem suum in obsidem comitem Duncanum comitem Waldenum similiter alios comites Barones cum alijs viris potentibus quorum numerus octo-decem Et quando Castella reddita fuerint illis Rex Scotiae Dauid frater eius liberabuntur Comites quidem Barones praenominati vnusquisque postquam liberauerit obsidem suum scilicet filium legitimum qui habuerit alij nepotes suos vel propinquiores sibi haeredes castellis vt dictum est redditis liberabuntur Praetereà Rex Scotiae Barones sui praenominati assecurauerint quod ipsi bona fide sine malo ingenio sine occasione facient vt Episcopi Barones caeteri homines terrae suae qui non affuerunt quando rex Scotiae cum domino Rege finiuit eandem ligiantiam fidelitatem domino Regi Henrico filio suo quum ipsi fecerunt et vt Barones homines qui affuerunt obsides liberabunt domino Regi de quibus habere voluerit Praetereà Episcopi Comites Barones conuentionauerunt domino Regi et Henrico filio suo Quod si Rex Scotiae aliquo casu a fidelitate domini regis filij a conuentione praedicta recederit ipsicum Domino Rege tenebunt sicut cum ligio domino suo contrà regem Scotiae contrà omnes homines ei inimicantes Et episcopi sub interdicto ponent terram regis Scotiae donec ipse ad fidelitatem Domini Regis redeat Praedictā itaque conuentionem firmitèr obseruandum bone fide sine malo ingenio Domino Regi Henrico filio suo haeredibus suis à Wilhelmo Rege Scotiae Dauid fratre suo Baronibus suis praedictis haeredibus eorum assecurauit ipse Rex Scotiae Dauid frater eius omnes Barones sui praenominati sicut ligij homines domini Regis contrà omnem hominem Henrici filij Regis salua fidelitate patris sui hijs testibus Richardo episcopo Abrincensi Iohanne Salisburiae Decano Roberto Abbate Malmesburiae Radulpho Abbate Mundesburg nec non alijs abbatibus comittibus baronibus duobus filijs suis scilicet Richardo Galfrido ex Rog. Houeden Besides the deliuery of the three Castles expressed in the former Charter the Scotish King did absolutely depart with all and surrender vnto King Henry and to his Heire for euer the Towne and Castell of Berwicke which forthwith was committed to the custody of Sir Geffrey Neuille The Castles of Edenbrough and Rockesbrugh were likewise kept by the kings apointment by Sir Roger and Sir William de Stutuille This meeting at Yorke was in the yeare 1175. where this businesse beeing dispatched the two Kings departed in kindnesse the one into Scotland the other towardes London Not long after king William vpon his summons repayred to North-Hampton where King Henrie had called a Parliament Diuerse Bishops and Abbotes of Scotland attended their king thither to acknowledge their subiection to the Church of England according to the Articles comprised in the former Charter and their ancient custome in former times but by no meanes they would yeeld thereunto notwithstanding that the Archbishop of Yorke shewed sufficient proues and priuileges granted by sundrie Bishops of Rome iustifiyng the right he pretended to the primacie ouer all the Scotish Clergie But because the Archbishop of Canterburie hoped to bring them vnder his iurisdiction or else enuying that his inferior should be axalted so farre aboue him hee so wrought with the king his Maister as that for the present there was no subiection acknowledged eyther to the one or other These two kings liued together in all loue and kindnesse in so much as the king of England imployed king William in his absence in his more weighty affayres in Normandie Also hee gaue vnto him to wife his cousin the Ladie Ermengard Daughter to Richard Vicount Beaumonte that was sonne to a Daughter of king William the Conquerour The mariage was solemnized at Woodstocke at the charge of the King who withall resigned to the Bridegroome his whole interest in the Castell of Edenbrough which King William forth-with bestowed vpon his new Wife as a portion of her dowrie augmenting the same with an hundred pounds land by the yeare and fortie knights fees Not long before this marriage Dauid king Williams Brother had marryed also an English woman named Mawde one of the Daughters of Hugh Bohun Earle of Chester otherwise called Keuelocke by which marriage hee was strongly allyed with the Nobilitie of England for his wiues three Sisters Mabell Agnes and Hauise were married to Daubigne Earle of Arundell Ferrers Earle of Darbye and to Quincie Earle of Lincolne These mariages were meanes of good agreement betweene these two nations for a long time after Within two or three yeares after the marriage of king William king Henry deceased in the fiue and thirtith yeare of his raigne whome his two Sonnes Richard and Iohn succeeded one after the other During the raigne of the former no occasion of quarrell was offered on either side but the two kings liued together in all familiaritie and perfect friendshippe for immediatly after the coronation of king Richard the Scotish king beeing honourablie attended with the Archbishop of Yorke the kings base Brother and with diuerse Barons and others of England passed thorough the realme to Canterburie where king Richard had assembled in counsell his Lords spirituall and temporall At this meeting king William and Dauid his Brother together with the English Lords tooke an oathe to continue true to the king of England and to abide in due obedience vnder him and his lawes beeing now to leaue them for a season for hee was so farre passed on his iourney towards the Holy-land as it was then called And the more firmely to binde the Scotish king by his liberalitie to the obseruance of this othe hee there restored vnto him all the other three Castles at Berwicke Rockesbrough and Sterlinge and withall that parte of Northumberland which king Henrie his Father had taken from him when hee was his prisoner Further king Richard resigned vnto him the counties of Cumberland and Huntington but with this condition that all the Castels should still abide in the custodie of such as king Richard should place in them Lastly he released him of all further paiments and summes of money due for his ransome excepting tenne thousand
mediation of friends a finall peace was made betweene them and for the more assurance thereof the Scotish King deliuered his two Daughters Isabell and Margaret into the custodie of king Iohn to bee bestowed in marriage when they came to ripe age vpon his two Sonnes Buchanan saith that it was agreed vpon at this time that thence-forth the kings of Scotland should no more in their owne persons doe homage to the Kings of England but those seruices should only be performed by their eldest sons for no other then for those lands and possessions which they held within the Realme of England But hereof appeareth nothing amongst our own writers About foure or fiue yeares after this agreement king William departed out off this life whom Alexander his sonne by the Lady Ermengard aforesaid succeeded beeing sixteene yeares of age answerable to the terme that king Iohn had then raigned of whom in the meane season Prince Alexander receiued the Order of knight-hoode at London At the same time vpon complaint made by the yong Prince which title hee had newely receiued by creation of his Father that diuerse rebellious persons had presumed vpon the impotencie of the Father and Sonne by reason of the ouer old age of the one and vnripe age of the other to oppose themselues against their gouernement vnder the leading of one Gothred King Iohn eyther in person as some write or rather in powre as I take it accompanying the young Prince did not onely safe conduct him home but forthwith ioyning with certaine forces of Scotland they together incountred the enemies in a set battell gaue them the ouerthrow tooke their chiefe Captaine prisoner and according to his deserts made him shorter by the head Notwithstanding all this kindnesse yet so fresh in memory that it could not be forgotten immediatly vpon Prince Alexander his comming to the Crowne in the yeare of our Lord 1214 his youth easilie neglected the due regard he should haue had of king Iohn his deserts Thus it fell out amongst others then in fauour with this young king none was so much accounted of as a Nobleman of England yet by birth a Scotishman one Eustace de vescie that had married one of his sisters This Gentleman together with Robert Fitzwalter and Stephen Ridell had a little before conspired the death of King Iohn who hauing knowledge thereof sought vnderhand to apprehend them but they distrusting the matter were glad to flie the Realme Eustace into Scotland and the other two into France These men did afterwards so labour the two Kings of those Nations that King Alexander notwith-standing the Pope was then appeased was perswaded to take part with Lewis the Daulphin to whome the Barrons of England had disloyallye bound themselues by oath to receiue and serue him as their lawfullie elected Prince and Soueraigne reiecting their due allegiance to king Iohn their Liege and naturall king The Scotishmen hauing entred into England with a great Armie tooke the Castle of Norham wasted and harrowed the countrie with all extremitie King Iohn made hast with his army to repell the insolency of the Scots but they would not tarry his comming The king pursuing them to Dunbar wasted the country of Lothian without resistance and in his returne burned the Abbaye of Coldingham from whence passing along the Sea coast not without much damage to the Inhabitants at last hee tooke by force the towne and Castle of Berwicke committing it to the custodie of Hugh de Ballioll and Philip de Hulcootes together with all the Countrye bordering on Scotland beyond the Riuer of Theese King Iohn was hardly returned into the south parts of the Realme before the French king had sent ouer a strong army to the ayd of the Barrons against their king whō Lewis within fewe months after followed with a new supplie vnto whose obedience all the Castles Townes and Fortresses in the South-parts of the realme were subdued the Castels of Douer and Windsore onely excepted Neither was the North part of the realme free from these troubles for Robert de Rosse Peter de Brocis Richard Percie had brought the Citie of Yorke with all that Countie vnder subiection to the French-men in manner as Gilbert de Gaunt whome the Dolphine had lately made Earle of Lincolne had done there also where the Castell onely held out Thus was the passage prepared for the Scotish armie which aduancing it selfe forwards in August about two moneths after the arriuall of the Dolphine first seized vpon Northumberland wholy the Castels excepted which were so well defended by the Kings party that the Scotishmen thought it lost labour further to assaile them at that time but keeping their course Southward they came to London with-out any resistance or losse sauing that Eustace de Vescie a principall leader amongst them was slaine with an Arrowe as he roade in the Scotish Kings companie to view where to make an assault to the Castle of Barnard in the Countie of Haleewarkefolke which belonged to Balliol Lewis was lately departed from London before the Scotish armie came thither towards the siege of Douer Castell whither King Alexander with his whole power posted with all speed But that strong Castell was so manfully defended by Hugh de Borowgh and Gerrard de Scotegame the principall men therein that all the power and policie of those two Princes would not suffice to winne the same for that was a point of such importance as that the French king had a little before written to his Sonne that the taking of it was of more auaile vnto his Enterprise then all that hee had gotten in England besides which caused the yong Prince to re-enforce his whole endeauor for the accomplishment of his earnest desire Here king Alexander did homage to Lewis in manner as hee had done before to king Iohn acknowledging to hold of him as of the lawfull king of England which done he tooke his leaue of Lewis and departed homewards but not so quietlie as hee came thither For the true hearted Englishmen obseruing the behauiour of the Scots and watching euery fit oportunitie tooke them at such an aduantage as thereby King Alexander lost a great part of his Army hardly escaping an vtter ouerthrow had not king Iohn died at that instant which gaue them a more happy returne into Scotland then they looked for lately before This sodaine death of the king which happened in the yeare 1216 wrought as sodaine an alteration in the state of the present affayres For now the barons began better to consider of the matter hauing found out both by experience the fooles instructer and by secret intilligence what little good was to bee hoped for at the hands of their French Champion if he preuailed in his enterprise Wherfore diuerse of the English Nobilitie that before had followed that faction when they vnderstood that young Prince Henrie the kings sonne was proclaimed lawfull inheritor and heire aparent to the Crowne of England by William Marshall Earle of
for the proofe of this pretended Superioritie ouer the Kings of Scotland praeter to vse his owne words veteres fabulas recentes iniurias besides old farlies late iniuries I will not stand vpon the testimonies fetched from beyond the Danish and some of the Saxon Kings because happilie they may seeme not much to the purpose beeing without the compasse of the last conquerors title vnder which the succeeding kings of England must make their claime but let vs see what interest they can deriue from and vnder him It is granted that all the kings of Scotland from the conquest till that time haue done homage one after other to the kings of England but not for the Realme of Scotland say they for what then forsooth for those landes and signories which they held of the kings of England with in England I would then gladly know when in the sixt yeare or there-about of the Conquerors raigne vpon the conclusion of peace betweene him and king Malcolme of Scotland for the auoiding of further controuersie in time to come the two kingdomes were seuered and diuided by markes and bounds in so memorable manner as is before declared what landes and possessions did king Malcolme then hold pertaining to the Crowne of England Cumberland saith Buchanane that part of Northumberland saith an other that lyeth betweene the riuer of Tweed Cumberland and Staenmore well but whatsoeuer they were were they not included and contained within those limits and bounds then erected If not to what purpose serued that notorious diuision of the two kingdomes either then haue the Sootish writers erred in the approbation of that most solemne particion or else must king Malcome then doe homage to the Conqueror for his kingdome of Scotland which being granted then let it bee showed how and when his heires after him were discharged of that seruice Againe how came it to passe that in the said sixt yeare of the raigne of the Conquerour Michael the elect Bishop of Glascoe receaued consecration at the hands of Thomas then the Atchbishop of Yorke as of the primate of Scotland binding himselfe by oath to the obedience of that Sea Tothade the Bishop of Saint Androwes did the like at the commandement of Malcome the third king of Scotland If then a Bishop of England had right to this supremacie ouer the cleargie of Scotland why should then the like preheminence bee denied to the kings of England at that time ouer the seculer state of the same kingdome Further what moued King William of Scotland together with Earle Dauid his brother and the Scotish Lords then present both temporall and spirituall to acknowledge and sweare fealtie to King Henry the second forsooth because his subiects loued him so well that for his redemption they would haue yeelded to any conditions whatsoeuer As though king Henry was so vnreasonable that contrary to the custome of all nations he would not accept of any other submissioÌ„ but that he should be the first king of ScotlaÌ„d that became his vassaile when was it euer heard before that kings haue so dealt one with another as though an vsuall ransome yea a very small sum seeing he was taken with the losse of little bloud or none at all would haue bin refused for his liberty I doubt much whether the Lords of Scotland would euer haue yeelded to an exacted subiection for the loue onely of their king especially hauing then amongst them the Lord Dauid a man of so worthy parts as he was no way inferiour to his brother Lastly what mooued king Alexander the third and his Lords to acknowledge the like allegiance to King Henry the third the two kingdomes being seperated in manner as at the agreement betweene the Conqueror and Malcolm Cammoir Therefore these are friuolous shifts because they will not seeme altogether mute in a matter so much importing as they take it the glory of their Nation But howsoeuer some others amongst them haue beene ouer-come with ouer vehement an affection towards their natiue countrie whereby many times they haue suppressed the trueth when it sounded somewhat too harshe for their hearing yet I cannot but maruell at Buchanan a man well learned and iudicious how hee could be drawne into so peruerse a conceit of King Edwards demeanure in this action Where-vnto it is now time to returne hoping a time will come when as this difference shall not be offensiue any more The King of England about Easter next according to his appointment repaired inâ—o the North-parts and beeing come to Norham hee caused all the Prelates and Barons of Scotland to bee called before him to whom he declared his readinesse to vnder-take the deciding of this great controuersie concerning a title to a kingdome That in requiring his assistance and making offer to stand to his finall sentence therein they had done no more then by the duty of their allegiance they were bound vnto whereof if any amongst them doubted they might be thorowly satisfied by taking a view of such records and obseruations as hee caused faithfully to bee gathered out of the best Historiographers of both Nations which then were openly read amongst them which being so fresh in memory no man made further question thereof Wherevpon King Edâ—ard was acknowledged Superior Lord of Scotland of all the competitours and a writing was drawne subscribed and confirmed with their hands and feales testifying this their voluntarie recognition in these words A toux iceulx qui ceste presente lettre verrunt ou orrunt c. To all them that this present writing shall see or heare Florence Earle of Holland Robert le Bruce Lord of Auuandale Iohn Cumine Lord of Badenowe Patrike de Dunbarre Earle of Marche Iohn de Balliol Lord of Galloway Iohn Hastings Lord of Abergeuennie Iohn de Vescie insteed of his Father Nicholas de Sules and Walter Rosse send greeting in our Lord. Whereas all we pretend to haue right to the kingdome of Scotland and intend to declare chalenge and proue the fame 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 domination of Scotland belongeth to him and that hee ought to haue the knowledge hearing examining and defyning of our right we of our free-willes without all violence and constraint do will consent and grant to receiue our right before him as the superiour Lord of our land We will also and promise that we shall haue and hold his deed for firme and stable and that hee shall haue the kingdome vnto whom before him best right shall giue the same In witnesse whereof we haue to these letters put our seales Yeuen at Norham the Tuesday next after the feast of the Ascension of our Lord in the yeare 1291. for the more strong ratification hereof the King further demanded full possession and seisure of the realme of
intelligence of the Scotish kings inclination to reuolt being then returned into Scotland to the ende hee might sound out the truth hee required his ayde and assistance in his intended warre with France where-vnto hee receiued so doubtfull an answer as that hee was thereby brought into more distrust with the king of England and therefore sending againe into Scotland hee required to haue the custodie of the Castles of Berwicke Edenbrugh and Rockesbrugh deliuered vnto him for the better assurance of his loyaltie during the continuance of the warre with France Heere-vnto the Lords of Scotland tooke vpon them to answer for theyr king would not yet openlie oppose himselfe that they were Free-men borne and therefore would neuer yeeld to that seruitude where-vnto their king had vnaduisedly subiected himselfe that his priuate act how voluntary soeuer could not bind his subiects because without the generall consent of the States of the whole Realme nothing could bee established which concerned the whole bodie of the Common-weale That the League now renewed with France was of fiue hundred yeares continuance which for the conueniencie and necessitie thereof was to bee preferred before the late and lesse profitable amitie and alliance with England And to approue these wordes with their deedes the Townes-men of Berwicke made an assault vpon certaine English Marchants that were at Anchor in the Hauen of whome many were wounded some slaine and the residue forced to flie who at their returne home informed the king thereof He now perceiuing the affection of that Nation towards him purposed forth-with to inuade that realme But in the meane time thereby to conceale his resolution hee sent a solemne Ambassage thither sommoning king Iohn to make his appearance at New-castle within certaine dayes there to show cause why contrary to his faithfull promise hee had entred into league with his enemy the French King of whom he could not receaue so much good as hee was likely to sustaine harme thereby from him and further that it was not possible to serue two maisters of so contrary disposition without offence to the one or other But King Iohn holding himselfe much iniured by king Edward returned vnto him letters of complaint which was all the answer he would affoord him The Armie being assembled and king Edward there-with approching Warke Castell seauen Earles of Scotland namely Bouchan Menteth Stratherne Lennox Roâ— Atholl and Marre with Iohn Cumin the maister of Badenaw hauing gathered together fiue hundred horsemen and ten thousand foote-men in Amandale on Monday in Easter weeke entred into England on that side and passing towards Carleil put all to fire and sword that stood in their way but the towne was so well defended as that they gaue ouer the siege on Thurseday following and returned againe into Scotland The same day king Edward with his armie passed ouer the Riuer Tweede and summoned Berwick offering peace vpon certaine conditions which beeing refused he approched and lodged in the monastery of Caldestrenie his army consisting of foure thousand horse and thirtie thousand footemen He had appointed certaine ships to the number of foure and twenty to scoure the Coast thereabout to cut off accesse to the Towne by sea who vpon some signe giuen them from the army placed on a plaine in battell araie within their view entred the Hauen and offering to land were assayled by the Towns-men While the fraye continued not without some more losse on the English partie the king with his Armie hauing in the meane time passed ouer a ditch cast vppon purpose to haue hindred his approch on that side entred the towne without loosing any man of name saue onely Sir Richard Cornewall But the Scotish writers report otherwise of this exploite That the King dispayring to take the towne by force deuised what might be wrought by policie and therefore fayning to depart raysed the siege causing a rumor to bee spread by certaine Scots his adherents in heart that king Iohn was at hand withall his powre to relieue the Towne This newes beeing brought to Berwicke by such in whome they reposed trust forth-with the Gallants and they of the best account setting open the Gates issued out to meete theyr king King Edward watching the exspected aduantage got betweene them and home and so entred without anie great resistance Howsoeuer it was brought to passe it seemeth by the exceeding great number of Scots then slaine and the small losse or none at all of Englishmen that there was some cunning vsed in the taking of the Towne For at the least seauen thousand of them were thereat slaine beeing the verie choise men of all Lothian and Fife This happened on the thirteth of March in the yeare of our Lord 1296. The King remained there fifteene dayes in which time he fortified the Towne with a ditch cast about it fourescore foote deepe and as much ouer While he stayed here he receiued Letters from king Iohn wherein hee againe complayned of sundry wrongs offered vnto him in regard whereof he renounced all such homage and fealtie by him and his subiects to bee any more acknowledged due vnto him The King hauing heard the letter read commanded his Chancelor to inrole it In the meane time the Scotish Army whereof I haue spoken before diuiding it selfe into two seuerall companies the one part vnder the leading of the Earle of Buquhan entred by Cumberland the other by Riddesdaile burning the villages putting all to sword they met withall in most furious manner and hauing euen glutted themselues with bloud they returned home with all their pillage and bootie The Earle of Dunbar came to Berwicke and submitted himselfe withall hee had vnto the Kings pleasure but in the meane season his Castle by the practise of his wife was rendred vnto the Scottes for the recouery whereof the Earles of Warwicke and Warren with a great power were forthwith sent thither by the king The English-men hauing beseeged the Castle were set vpon by the Scots betweene whome was fought a most bloudie battell but in the end the Englishmen had the victory the number of Scots slaine in fight and flight the chase continuing eight miles were about ten thousand the Noblemen escaped by recouering the castle On the next morning being the eight and twenteeth day of Aprill at the king of Englands comming thither the Castle was forth-with surrendred vnto him wherein were taken prisoners the Earles of Monteith Cassills and Ros sixe Barons namely Iohn Cumin the younger William Sincler Richard Siward the elder Iohn Fitz-geffrey Alexander de Mortaigne Edmond Cumin of Kilbird besides thirty knights and aboue that number of Lairdes and chiefe Gentlemen All these were sent into England bestowed in places of safe keeping From hence the king marched vnto the Castle of Roxbrough which incontinentlie yeelded it selfe the liues saued of all within the same Amongst whom the Lord Steward of Scotland was the principall man After this the King beseeged the strong Castle of Edenbrugh which after fifteene dayes
sea to Berwicke Of the Nobilitie of England were slaine Gilbert Earle of Glocester Robert Lord Clifford the Lord Giles Argentine whose death Bruse much lamented for the great loue that was betweene thē afore-time in England the Lord Panie Tiptost the Lord William Marshall the Lord Reginold Damiecourt the Lord Edmond de Manley the kings Steward with other to the number of forty two Of knights threescore and seuen The Earle of Hereford the Lord Iohn Seagraue and others to the number of two and twentie men of name were taken prisoners Of the Scots were slaine about foure thousand amongst whom Sir William Weapont and Sir Walter Ros were the principall men of account This was the most notable victorie that euer the Scots had ouer the Englishmen which came to passe only by the misguiding and want of experience in their leaders and captaines presuming ouer much of their aduantage in number furniture of weapons neither were they so circumspect as it behoued them to be in the discouery of aduātage or disaduantage which the plot of ground where the battel was fought might afford to the one side more then to the other For they might haue coniectured euen by Bruse his abiding in the field with so small a power against so great a puissance being of Englishmē more then two to one Scot that he relied more vpon the successe of his hidden deceipts then of his owne strength This battell was fought on Midsummer day in the yeare 1314. Here-upon Striueling Castle was rendred vp Bruse his wife was vpon exchange sent home hauing beene in England about eight yeares After Bruse had thus fortunatlie recouered his kingdome he was by generall consent of his subiects confirmed and established in the same The Crowne was intailed vpon the heyres Males of his bodie lawfully begotten and for want of such issue to remaine to his brother Edward Bruse and the Heyres Males of his bodie and for default thereof the same should descend vpon the Ladie Margery the Kings eldest daughter whome onelie hee begat on his first wife sister to the Earle of Mar. Which Lady by the aduice of his Noblemen was bestowed in marriage on Walter high Steward of Scotland on whose posteritie the Crowne shortlie after descended and in the same familie continueth till this day taking that surname of the office which theyr Ancestors bare and was first bestowed on Walter the sonne of Fleance by King Malcolme Cammore for his notable seruice against the Rebelles of Galloway What thorough the losse of so many mens liues and the domage which our Nation susteyned at this last battell and the great dearth and death of man and beast that thorough the vnseasonable state of those times continued for the space of three yeares after small resistance or none at all was made against the Scots who taking the benefit of this aduantage ceassed not exceedinglie to annoye and trouble the Realme by their continuall incursions Hereof Pope Iohn the 22. taking compassion at the Kings sute sent ouer two Cardinalles Gancellino his Chancellor and Lucas de Frisco to mediate a peace betweene the two Nations But king Robert held it yet out of season to hearken thereunto hauing as he tooke it not sufficiently beene satisfied for his former losses and displeasures Whereupon these iollie Chaplaines proceeded against him with all extremitie denouncing him and all his fautors accursed and putting his kingdome whereof they accounted him but a vsurper vnder interdiction But all these bumbaced skarre-crowes nothing abated king Roberts corage who still following his good hap while the time best serued for it held on his former course so eagerlie as that in short time hee recouered the Castles and townes of Harbottle Warke Medford and Berwicke which last it is said was betrayed by Peter Spalding the Gouernor hauing remained English one and twenty yeares together Neither would king Robert limit his kingdome by the ancient boundes but inlarged the same euen vnto New-castle vpon Tine At this time also the Scots obtained diuers victories in Ireland thorough the manhood of Edward Bruse their kings brother who neuerthelesse in the end was slaine in battell and aboue fiue thousand Scots with him His head was brought ouer and presented to king Edward by Iohn Birmingha◠for the which good seruice now and at 〈◊〉 other times in Ireland the king gaue him the Earledome of Lowth to him his heyres Males and the Baronie of Athird to him and his heires generally of his body begotten The realme of England now being somewhat recouered of the hard estate it stood in the last three yeares King Edward was desirous to make triall if happily he might rubbe out the blemish of the late blowe receiued of his enemies in Scotland Hauing therefore assembled his Armie at Yorke who for the more patt were handy-crafts men and Artificers passing from thence he layde siege to Berwicke The Scottes in the meane time vnder the conduct of Thomas Randolph entring England on the other side put all to fire and sword little resistance being made against them for those countries lay well neere desolate since their inuasion the yeare before The Archbishop of Yorke could not indure the enimies approach so neere him being now come within two or three dayes marche of the Citie and therefore assembling such people as for the present hee could get men that were readiest at his command hee aduentured like a bold Champion to encounter the Scots of whom ouer-late he learned this lesson Ne sutor vltra crepidam For the greater number of these gallants some two thousand were knockt downe before they saw their enimies who by setting certaine Haystackes on fire and taking the winde of them were vpon them ere they knew what it meant The Archbishop and the Bishop of Elye Lord Chancellor with the Abbot of Selby escaped by flight but Nicholas Fleming the Maire of Yorke that stucke better to it was slaine This hapned on the 12 of October 1319. at a place called Mitton vpon Swaile And because this armie consisted most of Surplisse men it was in derision called the white battaile but most of them found it a black daie King Edward feareing least the Scotts intended some further mischiefe brake vp his siege and returned to Yorke where vnderstanding that the enemy was with-drawne home-ward he likewise tooke his way towards London The next yeare passed ouer without any stirring on either side the rather because the two Kings were disquieted at home by their owne subiects In the meane time at the procurement of King Edward the Pope sent hyther his leaden bulles which aduantaged him their weight in gold for hee is the best alchimist in Europe to the Archbishops of Canterburie and Yorke commanding them that vnlesse the Scottish king would fourth-with make satisfaction for the wronges done to the realme as well concerning the state ecclesiasticall as temporall they should proceede to the denouncing of sentence against him and all his adherentes But the Scottes made
atchieue any fortunate interprise against the Scots As though all that nation could not afford his fellowe That hee was the very Atlas and supporter of their happy estate True it is that the deceassed king had reason to commit more trust to him then to anie other of whose loyalty and sufficiencie he had not the like tryall But it followeth not thereof that if king Edward could dispatch him out off the waie there had beene none left to haue resisted his attempts against that nation But admit he was the man they make him it is well knowne that King Edward being then not much aboue eighteene yeares old was not only ouer yong to contriue such a practise but was then still directed by his Mother Queene Isabel so consequently by Mortimer Earle of March her chiefe Counsellor both so great fauourers and maintainers of the peace with Scotland as that hee lost his life shortlie after for the same It is further affirmed That this Monke stealing secretlie out off Scotland assured the King that the Gouernor could not possiblie liue beyond a prefixed day in which time the poyson was to worke his effect and that King Edward presuming thereof gathered a mightie and puissant armie wherewith comming to the borders hee purposed to inuade Scotland had he not knowne when he came thyther that the gouernour was not only lyuing but ready in armes to haue resisted his approach Now of all this preparation and iourney there is not one word to be found amongst all our Croniclers But to the contrarie it appeareth that besideÌ„s the coÌ„firmation of the former peace vpon the admittance of this Earle to the Regency the sommer next before his death was so vnseasonable as that it caused a great dearth in England all the yeare following so as it was impossible to make prouision for such an army neither could those more Northen partes afford it of their owne store For it is sayd that in some places of the realme especiallie North-wards by reason of the coldnesse of that climate wheate was not gathered into the barne till hallontide nor pease vntill the ende of Nouember Moreouer King Edward wâ—s in France well neere all the month of Aprill next before the gouernours death and after his returne thence hee had so little meaning to make preparation of warre as that hee held solemne iustes and turney at Dert-forde which exercises hee renewed againe at London in September following How can all this agree with the surmised preparation of warre with Scotland at that time Now to the last poynt touching the burning of this Monke whereof some of them for the vnlike-lihood-haue not spoken it is incredible that a religious man a deuout Monke as they were then accounted should bee either murthered or executed for not keeping promise in the performance of an vnlawfull and vnchristian act But where when on whome or by whome was this vnusuall execution made to no one of these interrogatories doth any man answere saue that hee was a Monke or begging Frier For they will not vouchsafe to giue him other name though hee had beene a long time verie familier in the gouernors house These bee therefore great slaunders farre vnbeseeming the reputation of him that not long sence hath made no conscience to report the most part of this fable for a truth This yeare Roger Mortimer Earle of March was attaynted of high treason and executed for the same on Saint Andrewes eauen Amongst other matters where-with hee was charged hee was found giltie of secrete practise with the Scottes at Stanhope-parke whereby they escaped as is aforesaid and that hee receiued there of the Lord Iames Dowglas a great summe of money for the good seruice done by him at that time and to bee still continewed towardes that Nation whilest his authoritie should stand them insteede Hereby also afterwardes hee brought to passe that vnaduised peace with the Scottes at Northampton as is before declared About this time Edward Balliol thorough the perswasion of Laurence Twine a Scotish fugitiue came ouer out off France where hee had alwayes liued before to intreat the King of England to assist him in the recouery of his right to the Crowne of Scotland which was giuen by a ward vnto Iohn Balliol by king Edward the first promising withall that if it were his good hap to attaine it he would acknowledge to hold the same in manner as his Grand-father held it of the others Grand-father But before this motion was made to the king of England Balliol sought the fauour of the Lord Henry Beumont a Frenchman borne that had maried the daughter and heyre of the Earle Buquhan and likewise of the Lord William Cumine the lord Dauid of Strabouee Earle of Atholl and the lord Geffrey de Mowbraie These and some others that were banished the Realme of Scotland by the late King Robert le Bruse now liued in England hauing in hope of preferment ioyned heartes handes with Balliol in this quarell obtained this fauour of king Edward that as many of his subiects as of themselues were willing to assist them in this enterprise should haue good leaue to follow them therein For though the young king of Scots had beene affianced vnto king Edwards sister who in respect of that alliance should not haue beene easilie drawne into this action neuerthelesse he held himselfe so mâ—ch disgraced and absued in his minority by the deceitful practise of Mortimer that nothing now pleased him that together with that mariage was then yeelded vnto at that dishonorable composition made with the Scottish king at Northampton as before you haue heard Neither was that contract of marriage so firme but if either partie misliked thereof when they should come to lawfull age of consent the same might safely bee dissolued Edward Balliol hauing now assembled by the helpe of the other two Scottish Lordes his confederates some foure hundred horse and about two thousand Archers and other footemen tooke shipping at Rauen-spurne in Holdernesse from thence directing his course North-ward hee entred into the Scottish fourth and arriued neere to the towne Kingorne on the first daie of August where being incountred by Alexander Seaton hee slew him in the field together with the greater number of his people and put the residewe to flight This good beeginning put such corage into these venterous companions in armes fighting for no lesse then a kingdome that with in some fewe daies after their forces beeing now increased to the number of about ten thousand one and other they attempted to assaile the Earle of Muerry then Regent of Scotland by night where hee laie incamped in the middest of his armie the same beeing ouer great otherwise to bee delt withall and tooke him on such a sodaine that they put him to flight making great slaughter vpon his people The next day the fight was renewed on both sides but in the ende the victory fell to Balliol This battaile was fought at Dueplin on the
holie daies where they were lodged feasted and entertained most louingly There as of themselues they motioned a mariage betweene Prince Edward the Kings Sonne now little more then fiue yeares olde and their young Queene that was borne some fiue or sixe daies before the death of the King her Father promising withall to do there best to bring the same to passe King Henrie gaue them great thankes for their forwardnesse therein and was not onelie contented to set them freelie at libertie but also bestowed large presentes on euery man according to his degree On New-yeares daie they departed from London home-wardes and dined at Enfield where they sawe the young Prince of whome they seemed greatlie to reioyce both in speach and countinance From thence they kept on their iorney till they came into the North-partes where the Duke of Suffolke the Kings Lieutenant staied for their comming with whome they remained till such pledges were come out of Scotland as was before couenanted they should leaue behind them VVith them went also the Earle of Angus who togither with his brother Sir George Dowglas had allowance for their maintenance of King Henrie while they remained in England after their exile the space of fifeteene yeares The Scottish King while hee liued had labored the deliuerance of the Earle who now vpon his returne home was made one of the priuie Counsell amongst other of the Lordes that had beene lately prisoners here by the Earle of Araine Gouernour of the young Queene and of the Realme and next heire to the Crowne according to the custome of that Countrie Shortly after Sir Robert Bowes and some other English prisoners were deliuered by their bandes after the manner of the Marches In March following Sir Ralfe Sadler who died a graue CouÌ„sellor in the raigne of Queene Elizabeth being sent Ambassadour into Scotland came thither some-what before the Parliament His errand was to perswade the Gouernor to giue his consent with the other Lords to the mariage propounded lately by them and that withall a firme peace might be concluded vpon betweene the two Nations These pointes were long debated but in conclusion after that Dauid Beaton Cardinall and Archbishop of â—â—â—nt Andrewes the French factor was remoâ—â—ed from the assemblie generallie yeelded â—nto and confirmed And further pleadges were promised to be sent into England for the better assurance thereof The Ambassador staying still behind to see euerie thing performed according to promise on the behalfe of the Scottish Lordes the Earle of Glencorne Sir George Dowglas Sir William Hamiltone Sir Iames Leirmonth and the Secretarie were sent into England as well to confirme as to report what had beene established by act of Parliament concerning the marriage intended with England These men remained here from the ende of March till the ende of Iulie following in which time the marriage betweene Prince Edward of England and the infant of Scotland was fullie confirmed by wrytings enterchangablie signed and sealed and a peace concluded for ten yeares These things thus passed in the yeare of Lord 1543. The Scottish Marchantes were not a little glad after their long restraint of their free libertie of trafique wherevpon they presently dispatched their shippes to the sea so as in short time neuer a port well-neere in England was without some of them to the exceeding great ioye of both Realmes But this calme lasted not long for now beganne France after their olde fashion to â—â—â—rre vp certaine seditious and dispightfull spâ—â—â—ts which like vnto the curssed spirits of thâ—â—yre breathed out tempestious and boisterous blastes where-with to darken and disturbe the former Sun-shine and quiet season For before the yeares ende thorough the practize of the Cardinall Iohn Hamiltone brother to the Gouernour and Dauid Paynter which two last men of most dissolute conuersation came lately out of France for that purpose the Scottes were so wonderfully wrought that both the Gouernour himselfe and all they that had so lately before vowed themselues and there seruice to King Henry were now againe become wholy French for these reasons First by this mariage it would come to passe as they obiectted that the Scottish Nobolity should grow into contempt being far inferiour in wealth and possessions to the Lords of England and further remoued by habitation from the Kings presence who no doubt would make the most firtill and commdious part of England Southwards the place of his residence ordinarily But that which more nearely touched them was the eminent daunger wherein to Religion would be thereby brought the preseruation whereof they were bound to prefer before either lands or liues that the state whereinto England was persently falne might be a sufficient warning vnto them who already were but ouer much inclined that way for about that time the Gouener had incoraged Frier Guillan openly to preach against Immages and foolish ceremonies giuing liberty that who would might reade the bible in English which about three yeares before was openly read in very Church in England and was the very bane and breake necke of Popery thorowe out the whole Iland As for their promisse made to King Henry they were persuaded ther was no cause why they should sticke at that seeing it was lately decreed in the Counsell of Constance that no couenant or promise how constantly soeuer made ought to bee kept with an heretike such as the Pope had already iudged him to bee The Earle of Casseles onely continued constant though he was attempted both by faire meanes and foule to the contrary for hee hauing two brothers his pleadges in England protested that he would neuer redeeme ether his liberty or life with the losse of them wherefore at his returne into England the King much commended the young gentlemans resolution and in acquitall therfore set both him his brothers at liberty King Henry could not brooke this manner of dealing but resoluing to be fully reuenged he first caused all the shippes of Scotland whereof there were good store to be presently staid till his pleasure was further knowne then proclaming open war he forthwith made preparation to inuade Scotland by land and sea The Queene Mother the regent and the Cardinall beeing all like affected solicited King Francis to minister aide against England But the monie that that was thereupon sent them and deliuered to the Earle of Lenox to bee imployed to that end was by him detayned by reason of some iarres then amongst them-selues which brought him out of fauour with the French King who before had vsed him as a speciall instrument on his side King Henry in the meane season hauing not beene slow in his businesse thought good neuer-the-lesse to make triall whether vpon better aduisements the Scottes would yeelde to some reasonable conditions wherefore he sent his letters to Edenbrough fraught with many iust complaints and bitter threats but all preuailed not wher-vpon proceeding in his former courfe and hauing furnished his Nauie with all things needfull he committed the charge therof to
the Earle of Hertford Sir Iohn Dudley Lord Lisle high Admirall of England and the Earle of Shrewsbury accompanied with the Lord Cobham Clinton Coniers Sturton the Lord William Howard with many valiant Knights and Gentlemen The whole Nauy consisted of two hundred shippes and in them some ten thousand men of warre Loasing from New-Castell and entring the Scottish Sea betweene the two Ilands the Basse and the Maye The next day they passed vp the Firthe being the fourth of Maye landing the whole Armie at New-hauen two miles aboue Leith The Lord Admirall lead the fore-ward the Lord Lieutenant the maine battaile the Earle of Shrewesburie the rere-ward The Lord Gouernor being then at Edenbrough accompaned with the Cardinal the Earle of Huntley Arguile Bothwel and others with some sixe thousand horsemen and footemen purposed to inpeach their passage At the first they made showe to set vpoÌ„ the vantgard but being assayled by fiue hundred harquebutters and shroudly galled after a light skirmish they made a sodaine retraite but with such speed as they leaft their artillary behind them The Scottes returned to Edenbrugh and the Englishmen kept their course to Lieth entring the towne without any great resistance they lodged therein that night to their best aduantage The next day they landed their victuals and great artillary Hither the Lord Gouerner sent Adam Otterburne prouost of Edenbrugh with two of the baylifes to know of the Earle of Hertford the cause of his coming offering that what wrong soeuer the Engleshmen had receaued of them should be satisfied to their full contentment and that vpon those tearmes he would gladly receaue him into the towne The Earle answered that he had no commission to treat of peace but he was sent thither to take reuenge on those that had falsified their faith vnto the King his maister and therefore purposed to visit there towne in such manner as happily they would nor like of and soche bad him tel the Gouerner Vpon the returne of this answere the Gouernour taking order for the defence of the Castell departed immediately to Sterling The sixt of May the army marched towards Edenbrugh at the approch whereof the Prouost accompanied with one or two Burgesses and some officers of armes desired to speake with the lieutenant being brought to his presence he offered vnto him the keies of the towne on condition that the inhabitants might safely passe out with bag and bagage the buildings preserued from fire Answere was made that he was sent thither to take reueng as before and therfore vnlesse they would yeeld vp the towne simply without conditioÌ„ cause Men Women ChildreÌ„ to issue forth into the fields submit themselues to his will pleasure he would proceed against them with all extremity The Prouost replied that they would rather stand to their defence so departed The Englishmen comming to the Cow-gate beat it open with their great ordinance entred and slewe diuerse that made resistance forth-with the great ordinance was drawn vp the high street within reach of the shot from the Castell so as a culluering was dismounted and the English forced to retire not with out some losse of men night drawing on they departed to there camp at Leith for three dayes following they continewed firing the towne and consumed a great part there-of In the meane season foure thousand light horse-men were brought by land as was appointed from the Borders by the Lord Eeuers who ioyning with the armie at Leith did such exploits that well neere they left neither pile village nor house vnburned within seuen miles of Edenbrough besides the spoile pillage and droues of Cattell that was euery daye brought to the Campe. Hauing thus wrought their wills there-about they shipped their Artillarie and booties carried away such ships as they found in the Hauen of which the principall were the Salamander giuen by the French King at the mariage of his Daughter and the other called the Vnicorne made by the last king These two were ballanced with Cannon shot which was found in the towne to the number of foure-score thousand peeces the rest as well Scottish as English for the more part were loden with the spoile and booties belonging to the common souldiers and mariners On the fifteenth day of this month both the army by land and the fleet departed from Lieth in one houre leauing the towne on fire which was burned to the ground The armie returning home-wards encamped that night at Seaton seauen miles from Lieth where they burned the Castell and for more dispight destroyed the gardens and Orchards because the Lord Seaton owner of the same had beene the Cardinals best friend when hee was in prison The next night they incamped besides Dunbar where they had an alarme giuen them In the morning they burned the towne and marching forwards they were somewhat staied in the way by reason of a grose foggie mist and a report that the Lord Seaton and the Lord Hume had assembled a powre where-with to empeach their passage at a strait called the Pease But when the day cleared about two of the clocke in the after-noone the armie setting forward passed the straite without shew of enemie that would not abide their comming That night the armie lodged at Rantton 8. miles from the borders from whence the next day being the 28. of May they came to Berwick hauing lost in all this iorney not aboue forty persons for which happy successe they rendred thanks to almighty God the giuer of all victorie The names of the chiefe townes castels buildings burned and ouer-throwne in this voyage are as followeth Edenbrough the Abbay and the Kings housc Cragmiller and Castell Preston and the Castell Sengclers Castell Lawresson the Grange Markley Wester-grange Enderliegh Broughton Chester-field Craton-end Dudistone Skam house The Ficket Beuerton Tranent Shenstone Saint Minees Petinwames part Lieth the Hauen Pile New Bottle Abbay Musselbrough some part Hadington Frieries Dumbar Drilawe Trapren Kirkland hill Hatherwike Belton East Barnes Bowcland Butlerden Quickwood Blackburne Ranton Bildie All Knikorne The Queenes Ferrie The brent Iland The fiue lowest were burned by the fleet at sea for while the armie lay at Leethe the ships were not idle but scouring the riuer vp and downe on both sides well neere as high as Sterling aboue fiftie miles from the maine sea they made what spoile they could of what-so-euer fell in their way while the Earle lay at Leethe he made these knights whose names follow The Lord Clinton The Lord Coniers Sir William Wroughton Sir Thomas Holcroft Sir Edward Dorrell Sir Iohn Luttrell Sir Iohn Ienins Sir Thomas Waterton Sir Charles Howard Sir George Blant Sir Peter Mewtas Sir Edward Warner Sir Ralfe â—ulmer Sir Hugh Cholmeley Sir Thomas Lee. Sir Richard Leigh Sir Iohn Leigh Sir Lawrence Smith Sir William Vauasour Sir Richard Shirburne Sir Robert Stapleton Sir Thomas Holt. Sir William Dauenport Sir Ralphe Leycester Sir Humfrey Bradborne Sir Thomas Maliuerie Sir
A HISTORIE CONtayning the VVarres Treaties Marriages and other occurrents betweene England and Scotland from King William the Conqueror vntill the happy Vnion of them both in our gratious King IAMES With a briefe declaration of the first Inhabitants of this Island And what seuerall Nations haue sithence setled them-selues therein one after an other INNOCENTER SAPERE Imprinted at London by G. Eld. 1607. TO THE PRINCE MOST sweete Prince giue mee leaue to salute you Plinie in his Preface to his naturall historie reseruing the title of Great to your royall Father as Plinie the worlds Historifier saluted â—itus whome the Senate and People called Orbis amorem and Delicias humani generis This Booke at first intended to do you honour coÌ„meth now to beg some honour of you Intended to do you honour by reuiuing and bringing to fresh memorie the many leagues and happy mariages betweene the two kingdomes of this Iland to worke a better conceit of either to other then I found in most men for the more easie harty receiuing in the fulnesse of time of your excellent house the common bloud of both nations to raigne ouer vs but that we might readily and ioyfully imbrace that which many ages had sought none found Shame and confusion to the ingratis and now was gratis offered vnto vs. But while I vvas framing this vvorke to this end the vnexpected time preuented my designes and let me see hovv farre Gods vvisdome and goodnesse exceeds poore mens mistie cogitations and deuises filling our soules vvith comfort by the generall applause of all men for the most happy issue of so dangerous an alteration in our state Since which time my Booke hath lien neglected as needlesse to the world his end attained and date expired Yet for as much as some of my friends doe censure mee for suppressing that which may do some good seruice though not the great principally intended when it is now entring the view of men it commeth first to beg this honour of you to grace the frontispice with your most Gratious name and sheild it with your patronage And since by your Princely and powrefull aspect without deminution of his super-eminent Maiestie whence you deriue it you resemble the Sunne in the firmanent which receaueth light from none the Creator excepted but giueth light and life to all inferiour bodies vouchsafe the beames of your fauour vpon it to illustrate the obscuritie of the Author and the meanesse of the worke So shall my heart be more inflamed if yet that be possible with your loue and my booke more welcome to all mens reading I rest euer to be commanded by your Highnesse EDWARD AYSOV To the Reader I Haue here curteous reader vndertaken to set downe in a continued discourse whatsoeuer hath passed betweene England Scotland from the last Conquest vntill the decease of our late Soueraigne neuer to be forgotten the renowned Elizabeth My trauel consisteth wholy in this that I haue reduced into an entire History a true report of things passed which al other writers before me as farre as I know haue deliuered onely by partes and peece-meales whereby you may with more delight and facility conceiue and digest the coherence of the whole and withall carrie the matter the better in memory The chiefe principal reason which mooued mee to take this taske vpon me I shall not neede to speake of in this place hauing touched it before in my Epistle to the Prince and made it so apparent throughout my whole Booke as that the reader may decerne it running For though the right and title of King Iames was pregnant enough and euen palpable to euery valgar capacitie Neuerthelesse what reason the best affected to the same had to forecast some perill in his Maiesties accesse and passage vnto it the sequell hath declared But it pleased the Lord our good God the disposer of mens wills and affections so to worke in the heartes of our graue and most prudent Senate as by them he brought that to passe within the tearme of very few howers which if the aduersaries vnto our happinesse had had their wils would not in so many monthes nay happily yeares haue bin attained vnto For did they not by proclaiming his Maiesty in tempore oportuno without delay preuent the malice of those two raging Buls not of Bashan but of Typical BabiloÌ„ Reuel 18. that is to say Rome whose pestiferous breath might otherwise haue poisoned and infected we know not how many male-contents and seditious Romanistes Against the former King Dauid alone complained Psal 22. but of the latter how many Kings Emperors shal we read of that haue bin fronted and foyled many brought downe to their knees others laid groueling on their faces some thrust out of their KingdoÌ„es some gored euen vnto death Psal 28. But O Lord saue thy people giue thy blessing vnto thine inheritance c. An other reason ayming at the same end was this That wheras the Chronicles of both Nations containe matter of reproach and disgrace one against the other I haue had an especiall care to carry my selfe so indifferently betweene them as I hope neither of both shall haue iust cause to take offence therat So as in that respect if any at all may be admitted which none J thinke will oppugne then shall this of mine haue priueledge before all other that J know Since wee al now happily become Subiects vnto one most gratious Soueraigne let vs value one the others vertues at one and the same price and setting apart all partialitie detraction and vaine glory let vs deuide the true honour and glorie attayned on both sides indiffereÌ„tly betweene vs. Are we not all for the most part the broode and off-spring of the same parents the auntient English Saxons what preheminence then shall wee giue to the one Nation aboue the other Admit the Englishmen haue beene victorious in more battailes haue entred more often and passed further in Hostile manner into the others Countries and dominions and haue gotten greater booties both by Land and Sea what then is not this our Nation farre more populous and plentifull of all store of prouision and complements pertayning to warre Whereof then shall wee boast These vauntes are therefore full of vanitie Let vs now contende who shall giue more sincere and acceptable praise and thankes to the Almighty who in loue to both hath now at length made vs of two discording Nations one peaceable people vnder one Prince not by conquest the mother of confusion but by an happy seede and off-spring proceeding from the successe of marriage his holy ordinance Whereby the memory of all fore-passed displeasures and vnkindnesse is buried in perpetual obliuion Many haue longed laboured to worke this blessed Vnion How many lost their liues in the ouer vehement pursute of the intended marriage betweene King Edward the sixt and Mary the late Queene of Scottes the successe whereof if it had beene
of keeping order they pursued them more egarlie then warily which the enemy perceauing taking the exspected aduantage vpon a sudden turned againe and redily reducing his troopes into good order set vpon them a fresh made a great slaughter of them Many were beaten downe while they were thinking whether it were better to fight or to flie But the greater number keeping their stand close togither on the heigth of a hill and incoraging one the other not to shrinke manfully fought it out a long time as though they had purposely chosen that place to giue the more honor vnto their deaths In the end Harold being shot into the head with an arrow togither with Githe his brother yeelded vp their fainting spirits Edwine and Morcar with some fewe moe escaping by flight gaue place to time the diuine prouidence after the fight had continewed froÌ„ the first appearance of daylight vnto the shutting vp of the same In this battaile were slaine of Normans fewe lesse then sixe thousand but of the Englishmen a farre greater number The Duke hauing obtained this notable victory had no small cause to reioyce thereat neuerthelesse hee attrbuted the honour and glory thereof to the giuer of all happinesse and by publique thankesgiuing acknowledged the same Hee lodged that night in the field his pauilion being set vp in the middest of the deade bodies The next day taking order for the buriall of the dead on both sides he returned to Hastings as well to consult in what sort to prosecute his late victory as also to giue some refreshing to his wearied army But when the wofull relation of this ouerthrow was brought to the Citie of London and to other parts further of the whole realme was greatly perplexed therewith as being then men vtterly forlorne Githe the mother of Harold after the manner of women gaue ouer her selfe wholie to greeuous lamentations and with most humble petition obtaining of the Duke the dead bodies of hir two sonnes she caused them to be buried in the monasterie of Waltham Earle Edwine sent Algithe the Queenes sister into the furthest partes of the realme aduising both the Noblemen and commons to awaken their heauie spirits and to consult betimes vpon some good course for the present reliefe of their distressed languishing estate The Archbishop of Yorke the Londoners and officers of the Nauie thought it best to make Edgar Atheling their King and to gather new forces out of hand to incounter the Duke The two Earles Edwine and Morcar secretly practised how to set the crowne vpon one of their heads But the Bishops and Prelates and such other as stood in feare of the Popes thunder-botls and damning exsecrations held it best to submit themselues to the Duke and no further to prouoke the Conquerors haughty minde by taking armes afresh against him the successe whereof was doubtfull Neither would it auaile them any thing to contend with the diuine prouidence which for their outragious sinnes had giuen them into the hands of their enimies the Normans The Duke in the meane time leauing a garrison behind him at Hastings determined to go to London but to strike the more terror into the Englishmens hearts and to make all safe at his backe he deuided his forces into seuerall companies who ranging thorow some part of Kent Sussex Surrie Hamshire and Barkshire wasted and burned all the townes and villages that stood in their way carrying with them whatsoeuer they found worth the taking Then passing ouer Theames at Wallingford they filled euery place with horror trembling The great men were so possessed with inward distrust and enuy one at another that they wholy neglected the care they should haue taken for the good of the common-weale For to auoide the ecclesiasticall censure threats of the Bishop of Rome who now began to tyrannize not onely ouer the vulgar and inferior sort but also ouer mightie Kings and kingdomes the realme being false into a most desperate estate they so firmely resolued to yeeld themselues that therevpon many prouiding in time for their best safetie left the Citie to all aduentures Alfread Archbishop of Yorke Wolstaine Bishop of Worcester diuers other great Prelats together with Edgar Atheling Edwine and Morcar mette the Duke at Barkhamsteed giuing pledges for the assurance of their fidelitie submitted themselues vnto him Then posting presently to London he was with great ioy and solemne acclamation intertained and saluted with Viue le Roy. The Duke forthwith prepared al things fit for his coronation which by his appointment was solemnized the Christmas following In the meane time he wholy busied himselfe how to order euery thing for the more firme establishment of his newly atchieued conquereâ— kingdome Here ended the gouerment of the Saxon Kings ouer this land hauing continued 600. yeares Some did attribuâ—e this notoriouâ— alteration and change â—o the corruption in the magistrates and the superstitious cowardlinesse of the Cleargie others to the influence of a Coâ—et others immediatly referred the cause thereof to the diuine prouidence that disposeth of Kingdomes by an vnknowne but neuer vniust sentence and decree But they that more strictly examined that point and looked into the next appearing cause cast the blame chiefely vpon King Edward who thorough a vaine glorious showe of religious chastitie tooke no more care to raise vp seede vnto himselfe for want whereof his Kingdome after his death was left a prey to the ambition of man These Normanes were a mixt people of Noruâ—gians Suevians and Danes who in the time of Charles the great exercised piracie vpon these Coasts At length by strong hand they seated themselues in that part of France which they hold till this day about the mouth of the Riuer of Sene. That prouince was theÌ„ called Neustria and now Normandie of the name Norman giuen vnto them because they came out off the North parts These people so much preuailed afterwards against Charles of France surnamed the Simple that he was constrained to make peace with them by giuing his Daughter in marriage to Rollo their Prince together with that whole Prouince for her Dowrie whereof hee created him Duke from whom this Duke William was the fift in lineall descent that succeeded after him Hauing thus farre proceeded and brought this our most noble and florishing Iland of Brittaine vnder the seuerall gouernements of the two absolute Kings of England and Scotland my purpose is as briefly as I can to prosecute the ioynct History of these two Nations onely so farre sorth as the matter shall concerne them both whether it tendeth to warre and variance or to peace and amitie William the Conquerour King of England DVke William hauing by force of armes in manner aforesaid obtained the Soueraigntie ouer this land 1066. was with much solemnitie crowned King of England on Christmas day in the yeare of our redemption 1066. who taking vpon him the part of a Conqueror performed the same in his right kind
that time further attempted whereof king Stephen was much afraid At this meeting the yong Prince together with some other of like age his companions in this iorney receiued the order of knight-hood at the hands of king Dauid within foure years after these two kings deceased nere togither the one hauing raigned ouer Scotland thirty yeares in great tranquillity the other hardly twenty ouer England with continuall vexation and infelicity and as they ended so their successors beganne to raigne togither Henry the Empresse her Sonne ouer this nation about the age of twenty yeares his Cousin Malcolme king Dauids grand-child for Prince Henry died before his Father ouer the other about 13. years old In the persō of this Henry the crowne of England was restored to the Saxon bloud by the Mother side hauing continewed in the Conqueror and his two Sonnes about 68. years now by marriage transferred to the house of Plantagenet an other family of France Herof had Lewis the French king no good liking being vnwilling that so mighty a Prince and so neare a neighbour should haue such foot-hold with in his dominions for in the right of his wife Queene Elioner who had beene before deuorsed from Lewis hee had attained the possession of the Duchy of Aquitane and the Earle-dome of Poitou by his mother the Empresse he inioyed the Duchy of Normandy in his Fathers right hee seized not without some hard measure towards his brother Geffrey vnto whom their Father by his last Testament had giuen the same vpon the Earledomes of Aniou Touraigne and Maine Neuerthelesse hee subtilely couered his malice vnder pretext of dissembled alliance least otherwise he should haue had lesse aduantage of him But King Henry perceiuing the deceite was too wise to be caught by such a Traine and therefore vpon the first occasion that was offered he opposed his open force against the others secret practises but first as well to keepe all safe at home on that side as also for the better trayning of the young Prince in feates of Armes and Martiall discipline vnder pretence of the performance of the seruices due for the Landes hee held of him within the Realme of England hee procured King Malcolme to accompanie him ouer into Normandie where hauing spent some time not a little to the losse of King Lewis and requited the curtesie of King Dauid by bestowing the like honour on him as before he had receiued they returned together hither againe and then taking his leaue of King Henrie hee was honourablie attended home into Scotland His Nobilitie repairing vnto the Court King Malcolme made relation of all that had happened in this his iourney whereat they seemed much discontented attributing vnto him want of discretion that hee would be induced or rather so much seduced as to beare Armes in the quarrell of an vndoubted enemy against the French King and his subiects their antient and assured friend and Allie that hee little considered the drift of King Henrie who sought nothing more then by some meanes to bring him into distrust and disgrace with King Lewis to the end hee might the more safelie offer him whatsoeuer hard measure hee did meane towardes him With these and such like speeches tending wholie to with-draw their Kings affection from King Henrie hee wanting yeares and thereby iudgement to sound the deapth of this deuise was too easily drawne into the French faction for by taking part with France against England their mainteinance hath beene alwayes much amended When King Henrie had knowledge hereof to the end he might in due time prouide a remedie for this growing on maladie hee caused King Malcolme to bee summoned to make his personall appearance at his high Court of Parliament holden at Yorke whether beeing come at the appointed time hee was charged to haue so grieuously offended that therevpon by authoritie of the same Court he was finally adiudged to haue forfeited all those lands and Seignories which he held within England but in the end by mediation no doubt of the Empresse the king her son was intreated to restore his cousin to his possessions in Cumberland the County of Huntingdon only reseruing Northumberland wholy on condition that doing homage vnto Prince Henry the kings son in manner as all the Nobilitie of England had also done he should further deliuer into his hands his yonger brother Dauid and certaine other the sonnes of the Lords of Scotland as pleadges for the assurance of an inuiolable peace betweene the two Nations All which were performed and peace a long time continued Within three yeares after king Malcolme deceassed hauing liued fiue and twenty yeares and raigned not much aboue twelue whom William his second brother succeeded in the yeare of our Redemption 1165. Shortly after his Coronatiō he repaired to London did homage to king Henry in manner as before his brother had done requesting the king to restore vnto him Northumberland which hee chalenged as his proper right The other answered that it rested not in his powre to dispose thereof without the consent of his subiects that as by Parliament the same was taken from his brother he would so farre yeelde vnto his demand as to the like assemblie should seeme reasonable which the King afterwards performed accordingly rendring so much of Northumberland as King Malcolme his great Grandfather was seised of at the time of the Cōposition made with the Conqueror for the space of eight or nine yeares following these two Kings liued peaceably together and one to the other shewed great kindnesse so as King William at one iourney accompanied the other into Normandy and sundry times afterwards repayred to the English Court where hee was euer ioyfully and royally intertained Dauid his brother was also louingly entreated during his aboad in England and at Windsor honored by King Henrie with the order of Knight-hood Thenceforth hee followed the King of England in his warres in France although he was sondry waies attempted to haue beene drawne to the aduerse parte But in processe of time which worketh alteration in all estates thorough the instigation especially of Lewis the French King who had now set the two Henries the Father and the sonne one against the other Amongst diuerse other as well of the Nobilitie of England as of forraine Princes King William was likewise won to take part with the young King for his Father had caused him to be crowned in that vnnaturall strife contention So as while king Henry the Father was set on worke on the other side of the Sea by his seditious sonnes for the rest tooke part with their eldest brother the realme much disquieted with in it selfe by the Earles of Lecester Chester Lincoln Norfolk and diuers other domesticall complices of this dangerous conspiracie the Scotish king hauing gathered a mightie armie entred therewith into the Marches of England tooke the Castels of Browgh Applebie with some other sent part of his Army into Kendale wasting the
country where it paâ—â—â— most hostile manner For the suppressing 〈◊〉 these insolencies certaine of the kings friends assembled theÌ„selues to the number of 400. horsemen vnder the leading of Robert de Stouteuille Ralph Glanuille William Vescie Barnard Balliol and Odonette de Humfreuille who coÌ„ming to Anwick from the siege wherof king William was departed the same day tooke consultation what was best to be done Very early the next morning they followed the Scots who little looking for any resistance then in readines left their king but slenderly attended and dispersed themselues abroad to wast and forrage the country This beeing made known to the Englishmen they pursued the aduaÌ„tage with so good successe that with the losse of very little bloud on eyther side they tooke king William prisoner in the midest of his strength but yet not so neere as thereby hee could be rescued This happened on the seuenth of Iuly in the yeare 1174. king Henry at the same time was newely returned out off Normandie to whom the Scotish king was shortly after presented at North-Hampton and Dauid his Brother was licensed forth-with to repaire into Scotland to containe the same in their due obedience whilst the Kings pleasure should bee further knowne concerning the deliuery of the King his prisoner In the meane season the French king beeing wearied with the charge of this Warre in the behalfe of his sonne in lawe King Henrie the younger for hee had nowe married the Lady Margeret his Daughter offered himselfe to become a meane to make an accord betweene the two Henries where-vpon the warre ceassed and after a meeting or two for that purpose in the end this vnnaturall dissention betweene king Henry and his Sonnes which had continued well neere two yeares to the great discomfort of the Father and vexation of the whole Realme was well appeased Here-vpon the Scotish king who remained prisoner at Faleise in Normandie amongst other of the same faction to the number well neere of a thousand persons of especiall qualitie that at one time or other during these warres were also taken prisoners were by king Henrie according to the Articles of agreement set at libertie in manner as were all they that by the aduerse part had beene likewise taken prisoners in the King of Englands seruice Now againe was amitie and concorde imbraced and cherished on all sides For the Scotish King hauing left behinde him sufficient pledge for the performance of couenants was permitted to returne into Scotland where hauing spent some sixe or seauen months he together with Dauid his Brother and a great number of the Nobility and Clergie of that Realme repayred to Yorke about the twenteth of August where they did homage to the King of England in S. Peters Church and in token thereof King William offered vp his Saddle and hat on the Alter of S. Peter which remained there along time after Finally it was concluded that the Scotish king should become and acknowledge himselfe to be the king of Englands Liegman against all men for the Realme of Scotland and his other Lands within England and for them should doe fealtie to the King of England as to his soueraign Lord in manner as other his liedge people accustomed to doe And further that hee should also do fealty to the Lord Henry the King of Englands son sauing alwayes the faith which hee ought to the King his Father Also that all the Prelates of Scotland and their successors should acknowledg their accustomed subiection to the Church of England and do fealty to the king of England so many of them as he should appoint And likewise that the Earles and Barons of Scotland and their heires for their part should do homage and fealtie vnto the King of England and to the Lord Henry his Sonne so many of them as thereto should bee called as in the Charter following then openly read in Saint Peters Church more at large appeareth Wilhelmus Rex Scotiae deuenit homo ligius Domini regis Angliae contra omnes homines de Scotia de alijs terris suis fidelitatem ei fecit vt ligio domino suo sicut alij homines sui ipsi facere solent Similiter fecit homagium Henrico filio regis salua fide Domini regis Patris sui omnes vero Episcopi Abbates Clerus terrae Scotiae successores sui facient Domino regi sicut ligio Domino fidelitatem de quibus habere voluerit sicut alij Episcopi sui ipsi facere solent Henrico filio suo heredibus eorum Concessit autem rex Scotiae Dauid frater eius Barones alij homines sui Domino Regi Quod Ecclesia Scotiae talem subiectionem amodò faciet Ecclesiae Angliae qualem facere debet solebat tempore regum Angliae praedecessorum suorum Similiter Richardus Episcopus Sancti Andreae Richardus Episcopus Dunkelden Gaufridus Abbas de Dunfermlyn Herbertus Prior de Coldingham concesseriunt vt ecclesia Anglicana illud habeat ius in ecclesia Scotiae quod de iure debet habere quod ipsi non erint contra ius Anglicanae ecclesiae Et de hac concessione sicut quando ligiam fidelitateÌ„ domino regi domino Henrico filio suo fecerint ita eos indè assecurauerint Hoc idem facient alij episcopi clerus Scotiae per conuentionem inter Dominum regem Scotiae Dauid fratrem suum barones suos factam Comites Barones alij homines de terra regis Scotiae de quibus dominus rex habere voluerit facient ei homagium contra omnem hominem fidelitatem vt ligio domino suo sicut alij homines sui facere ei solent Et Henrico filio suo haeredibus suis salua fide domini regis patris sui Similiter Heredes regis Scotiae Baronum hominum suorum homagium ligiantiam facient haeredibus Domini regis contra omneÌ„ hominem Praeteria rex Scotiae homines sui nullum amodò fugitiuum de terra domini regis pro felonia receptabunt vel in alia terra sua nisi voluerit venire ad rectum in curia domini regis stare iuditio Curiae Sed rex Scotiae et homines sui quam citius poterunt eum capient domino regi reddent vel Iusticiarijs suis aut balliuis suis in Anglia Si autem de terra regis Scotiae aliquis fugitiuus fuerit pro felonia in Anglia nisi voluerit venire ad rectum in curià domini regis Scotiae stare iudicio curiae non receptabitur in terra regis sed liberabitur hominibus regis Scotiae per balliuos domini regis vbi inuentus fuerit Praetereà homines domini regis habebunt terras suas quas habebant habere debent de domino rege hominibus suis de rege Scotiae hominibus suis Et homines regis Scotiae habebunt terras suas quas habebant
markes which king Richard presently receiued towards the charge of his iourney King William to gratifie the king of Englands liberalitie furnished his brother Dauid on whome hee then bestowed the Earledome of Huntington with fiue hundred Scotishmen to attend and serue him in that enterprize against the Sarazines Thus parted these two Kings in most louing manner with so faithfull a farewell as that when Iohn the Kings brother hearing of his imprisonment in his returne would haue drawne the Scotish King to haue taken his part in the attaining of the Crowne in his brothers absence being set on worke by the French King he vtterly refused to ioyne therein with Iohn which was the break-neck of that vnnaturall attempt But when King William vnderstood of the King of England his returne home hee together with Earle Dauid his brother who a little before was returned into Scotland presentlie repayred to the English Court where being intertained with all kinde of courtesies in token of the ioye that hee had vnfainedly conceiued for the King of England his safe returne thorow so many great dangers hee presented him with two thousand markes towards the redeeming of his libertie To gratifie this his kindnesse King Richard granted to him by speciall Charter and to his heires kings of Scotland for euer that when-so-euer hee or any of them should by sommons repaire into England vnto the Court the Bishop of Durham and the shiriffe of Northumberland for the time beeing should receaue him at the water of Tweede and safely conduct him to the water of Theese where the Archbishop of Yorke and the Sheriffe of the Shire should receiue him of them and from thence to attend him to the border of the next shire and in this manner to be attended from shire to shire by Prelates and Sheriffes vntill hee came to the Court and an honourable allowance was made him wherewith to defray such expences as hee and his traine were put vnto during their abode in England While king William remained at the Court king Richard thereby to put away as it were the reproche of his late captiuitie caused himselfe to bee crowned againe whereat for the more honour of that solemnitie it pleased king William to carie one of the three Swords of estate before the King accompanied on his right hand with Hamling Earle of Warwicke and on the other with Ranulphe Earle of Chester in manner as his Brother Earle Dauid had done before at the Kings first Coronation saue that the first place was then giuen to Earle Iohn his Brother This feast was kept at Winchester on the seauenteenth day of Aprill Anno 1194. king William beeing now at the point to depart homewards offered the king fifteene thousand markes for the whole country of Northumberland in manner as Prince Henry his father who neuer came to the crowne held the same The king yeelded here vnto so as the Castles were excepted but still hee importuned him for them also The King answered that at his returne againe for now he was ready to passe into Normandie hee should finde him willing to satisfie him in any reasonable sort But it was king Richardes happe after many victories ouer the French Nation during his aboade on that side the Sea for the space of fowre yeares in the end to die of a wound which hee receiued at the siege of the Castle of Chalme by an inuenomed Dart as he was viewing where he might best vndermine the same Thus ended king Richard after hee had raigned nine yeares and as many months Where-vpon Iohn Earle of Mortaigne his Brother beeing then also on that side the Sea thorough the industrie of the Queene his Mother the Archbishop of Canterbury and other his fauourites in England was forth-with proclaimed king And to make all the more sure on their side for they were very iealous ouer his Nephew young Arthure Duke of Britaine whose right to the Crowne was by manie especially the Frenchmen preferred before the others they promised king William of Scotland to obtaine of king Iohn at his returne ouer whatsoeuer hee pretended title vnto within the English Dominions The Scotish king beeing thus put in hope to attaine vnto his desire in token of his good liking and allowance of their proceedings in the behalfe of king Iohn sent the Bishop of Saint Andrewes to his coronation with commission and instructions to moue and prosecute his demand of restitution of those Landes hee claymed promising withall to abstaine from all forcible inuasion for the space of fortie dayes so as within that tearme he might haue a resolute answer from the king concerning the same Here unto King Iohn made answer that if his cousin the king of Scots would come vnto him hee should haue at his handes whatsoeuer in reason hee could demand For the place of their meeting Notingham was first appoynted afterwardes Yorke but king William vpon some occasion fayling to come to eyther of these two places king Iohn passed ouer into Normandie where hauing appeased some broiles stirred vp by the French king in the behalfe of young Arthure at his returne hee sent an honourable Ambassage into Scotland to safe conduct king William into England The two kings mett at Lincolne on the one and twenteth daye of Nouember in the second yeare of the raigne of king Iohn to whome the Scotish king did there homage and fealtie which seruices beeing performed king William required restitution of Northumberland Cumberland and Westmerland which he claimed as his right and lawfull inheritance after much parlance there about king Iohn craued respite to consider further of the matter till the Feast of Penticost next following where-vnto the Scotish king consenting the Assemblie brak vp and king William was attended backe againe into Scotland by those that brought him thither But king Iohn eyther beeing not disposed or not at leisure to hold the appointed time sent Ambassadors into Scotland to intreat king William to giue him further daye to returne him answer touching his former demand Whervnto the other yeelding gaue him Michelmasse next according to his desire All this notwithstanding I doe not finde in the Historie of eyther Nation that king Iohn did at any time after inlarge his possessions within the Realme of England After this some vnkindnesse arose betweene them about the raising of a fortification which the king of England had built ouer against Berwicke vppon which occasion as also by reason that while the Realme stood in the damnable estate as the world then beleeued of the Popes terrible curse diuerse of the English Nobilitie and others forsooke their naturall king and for conscience sake fledd into Scotland such power had the Papacie ouer mens consciences in those dayes King Iohn not contented there-with hauing gathered an Armie and there-with approching the borders of Scotland hee was incountred at Norham with Ambassadors from King William who then being about the age of threescore ten yeares was vnfit to fight At this meeting by
instrument being first signed and sealed by king Alexander himselfe and afterwards by his Nobilitie was sent to the King of England at Christmasse following by the Prior of Tinmouth who had trauelled diligently and faithfully in this businesse to the honor and good liking of both parties And for further confirmation thereof another writing was sent to Rome to the end that this agreement accord might receiue the more strength frō his Holines This solemne league was established in the yeare of our Lord 1244. Whereupon Berwick was restored to the king of Scotland Carliele which had bin taken by the Scots in the raigne of king Iohn was likewise restored to king Henry the antient limits of the two kingdomes were bounded out by the Kings crosse in Steanmore as before at the agreement made with the Conqueror The often intermariages of the one nation with the other which is the surest band of friendship caused this good agreement so long between them for when at any time occasion of vnkindnesse was offered by eyther of the two kings the Nobilitie of both sides were so lincked one with the other in such an indissoluble vnion that they would not suffer the same to breake out into any hostilitie But to consummate and perfect as it were this Gordian knot within two yeares after the death of king Alexander the father which happened in the yeare 1249. his sonne Alexander that succeeded about eight yeares old when his father deceased was within two yeares after brought to Yorke where King Henry on Christmas day honoured him with the order of Knighthood and the day following he gaue him in mariage his Daughter the Lady Margaret according to the former agreement At this meeting the young King did homage in maner as before his father had done and the League was renewed betweene the two Nations which continued without any tainte many yeares after In the meane time at sundry meetings of the two kings and their Queenes much kindnesse and friendly demeanour passed betweene them to the great reioycing of their subiects on both sides And as occasion required the one would ayde and assist the other For during the troubles betweene King Henry and his Barons king Alexander did send vnto his ayde fiue thousand Scots vnder the leading of Alexander Cumine and Robert Bruis of whom the greater number was slaine in the quarrell of the Father and Sonne against their rebellious subiects King Henrie deceasing in the seauen and fiftie yeare of his raigne Anno 1272. the Scotish king and Queene came into England to the Coronation of king Edward his brother in law where hauing passed the time in great iollitie and acknowledged his allegiance hee was honourably attended into Scotland Shortly after his returne thither Queene Margaret his wife deceased and not long after her death their two sonnes Dauid and Alexander dyed also the elder brother hauing lately maryed the daughter of the Earle of Flanders but left no issue behind them The heauie hand of the Lord ceassed not here but finally inflicted well nere an vtter ruine and desolation on that kingdome by taking out of this world about twelue yeares after the king himselfe and his whole progenie if it bee true that is reported in the History of Scotland this calamitie may seeme to be prefigured in a prodigious apparition at the second marriage of king Alexander for as he was leading the Queene his Bride in a dance according to the manner of such solemnities there appeared to the whole assembly the similitude of an humaine Anatomy following and closing vp the traine of the Lords Ladies that accompanied them The same yeare viz. Ann. 1285. king Alexander was throwne frō off his horse and in the fall brake his necke At his death none remained liuing of his line saue onely one infant the daughter of his daughter Margaret Queene of Norway King Edward vnderstanding what had hapned in Scotland began to thinke with himselfe how exceeding beneficial it would be to both nations if by any good meanes they might bee vnited and made one monarchie wherevpon forthwith hee dispatched Ambassadors thether to make offer of mariage betweene the yong Lady the heire of Scotland his sonne Prince Edward heire apparant to the Crowne of England This was no sooner moued to the lords but forth-with euery mā gaue free consent esteeming it so happy a thing for that kingdome as nothing could be wished more The mariage was therefore readily concluded vpon these conditions That the Scotishmen should be gouerned by their owne Lords and lawes vntill the issue proceeding of them should be of age to take the gouernment vpon them And if it hapned that no issue should thereof spring or should die before ripe age to gouerne then the kingdom of Scotlād should descend to the next in bloud to the King last deceased Herevpon certaine Noble-men of Scotland were presently sent into Norway for the safe conduct of the yong Lady but it pleased not God at that time to giue so great a blessing to this Islād for at their returne home they brought heauy newes of her death also The posteritie of king William of Scotland grand-father to the last King being now extinguished great dissention arose about the title claime to the crowne The realme by this occasion being diuided into sundry factions was in great danger of an vtter subuersion This controuersie hauing depended a long time it was thought fit sithence there was none amongst themselues of powre authority to decide a matter of so great importance to refer the same to the hearing and award of the king of England generally reputed of all the competitors a fit iudge to determine thereof according as law and equity should direct him K. Edward being willing to bestow his trauell to so good purpose and holding himselfe in a sort bound therevnto in regard of his right of superioritie ouer that nation easily consented to their petitions appointing time place for the performance of his best indeuore to effect their desire In the meane time to the end it might appeare to the world that he tooke not this office in hand vpon warrant onely of the competitors intreaty hee caused all the ancient Chronicles records that could be found either in England or Scotland to be perused that if any question therof should arise his pretended interest in this action might be sufficiently approued But although this was made so manifest out of Marianus the Scot William of Malmesbury Roger Houeden Henry Huntingtō Ralph de Diceto others as none then liuing could gainsay it neuerthelesse the Scotish writers haue since that time much depraued the credit thereof by their bare surmises And therefore it shall not be impertinent for the better cleering of this point before I proceed any further in declaratiō of the matter in hand to examine how truely one of the best learned amongst thē hath not long since peremptorilie affirmed that there is nothing to show