in the beginning of the fift yeare of his raigne hee intered into Scotland accompanied with the greater number of his Nobilitie amongst whom Peter Gauestonne whom he now created Earle of Cornewall was in greatest fauour with him on whom also hee bestowed the signorie of the I le of Man which within three yeares after Bruse recouered from him King Edward raunging his people in battell aray passed thorough the country as farre as Reufren and then returned againe with little or no resistance For Bruse beeing not yet of sufficient power to incounter his huge Armie kept himselfe out of his walke knowing king Edward could not tary long there because he had taken such order before that nothing remained wherwith to relieue so great a number He was no sooner turned home-ward but the Scots were ready to follow him at his heeles so as entring into Lothian they did great hurt to the inhabitants and returned at their pleasure before they could be ouertaken by the Englishmen King Edward comming to Berwicke stayed there all the next winter and fortified the Towne with a strong wall and ditch somewhat hee caused to be done likewise at Roxbrugh and Norham which two Castells he committed to the custodie of the Earles of Cornewall and Glocester and so the next spring returned into England and ceassing any further at this time to prosecute his affayres in Scotland he turned all his malice and fury against his own subiects amonst whome the Earles of Lancaster Glocester and Warwicke being not able any longer to indure the outragious pride and insolencie of Gauestone supported against them by the vnmeasurable and doting affection of the king towards him sought meanes to haue him apprehended and once againe banished or if they fayled therof then to bee reuenged some other way The king hauing knowledge of their intent conueied him to the Castle of Scarbrugh not so closely but that it was made knowne to the Lordes his aduersaries who pursuing him presentlie thither they forced him to yeelde himselfe into their handes and in conclusion without further aduisement Guye Earle of Warwick caused his head to bee stroken off The King not without cause tooke this their vnlawfull act in such scorne as that euer after though for the present he dissembled his displeasure hee fought occasion how to bee reuenged By reason of this priuie hart-burne betweene the king and his Nobles the Scotish affayres were neglected on all parts so as in the meane season Bruse had brought vnder his obedience the better part of that kingdome Wherefore it was now high time to do somewhat if the king made any reckoning to hold that nation in such state as it was left by the late deceassed king his Father Heerevpon hee once againe assembled a puissant and gallant armie such as for multitude gorgious aray was neuer seene before in Scotland purposing not onlie to make a full conquest thereof but to leaue behind him such store of English people as should be sufficient to inhabite those Countries which thorough the long continuance of warre were left well neere desolate Bruse vnderstanding of this great preparation forslaked no time to make what resistance hee could And by how much hee was ouer weake in power to resist his aduersarie it behooued him to bee so much the more circumspect by art and policie to get what aduantage hee could against him Hauing therefore brought his armie which consisted of some thirty fiue thousand such men as reposed theyr whole confidence for life landes and else whatsoeuer onely in the force and courage of their handes and hearts to the further banke of the Riuer Bannock there hee stayed the comming of the Conqueror This Riuer runneth into the Furth hauing very high and steepe bankes on both sides and here and there certaine straite and narrow passages ouer it some-what also beneath the cliftes before his fall it lieth flat but the passage ouer there was hindered thorough certaine suncken marrish grounds and quagmires neuerthelesse at that time of the yeare passable enough in many places In these plots he caused deepe ditches to bee cast and sharpe pointed stakes of wood to bee strucken downe in them in such manner as hauing their toppes couered with light turues they might easilie deceiue those that fore-cast no such perill And where the passage was more firme hee caused Caltroppes to bee scattered for the annoyance of the horsemen When euery thing was thus disposed and framed to his best aduantage the King of England approching with his royall Armie set his people in battaile araye on this side the riuer ouer-against the Scots The first day was spent with certaine light skirmishes betweene the horse-men not much to the losse or gaine of either partie Though the night at that time of the yeare was there very short or none at all being the xxiii day of Iune yet such was the earnest desire on eyther side to ioyne in fight as that vnto them both it seemed ouer-long Bruse lead the middle battaile hauing his brother on his right hand and Randolph on the left The English Armie was marshalled in the same manner thoroughly interlined with good store of Archers The men of Armes gaue the first onset and rushing together vpon the hidden points of those stakes that were set for that purpose they were all ouer-throwne before they could come neere the Scots who watching the expected aduantage and falling vpon them readily made an exceeding bloudy slaughter of them They that escaped made so confused a retraite as the maine battaile of foot-men that followed them was not a little thereby disordered The Scottes therewith ioyned with them hand to hand and maintained the fight very valiantly but the English Archers fot a time were very troublesome vnto them vntill certaine light horse-men assailing them at their backes ouer-threw a great number and dispersed the rest But yet the enemies force preuailed not so much as did his ftaud here againe for the rascall sort men women and boyes that attended their cariages mounting vpon their Cart-iades and other Draught-cattle with their sherts aboue their other garments and banners and flagges made of their sheetes and aprons and such like stuffe fastned to the tops of long poles shewed themselues a farre off descending from the top of an high hill as if it had beene a new Armie hasting to the ayde of their fellowes This sight stroke such a terror in those of the English Army that were neerest vnto it as that forth-with they betooke them to their heeles The rest supposing the danger greater then it was and beeing therwith much disordered fled all for feare they knew not whereof their Captaine 's not beeing able by any meanes to keepe them in Exceeding great slaughter was made of the common souldiers in the chase King Edward with some fifteene Earles in his companie with much difficultie escaped by flight being receiued by the Earle of Marche into his Castle of Dunbar from whence they were conueied by
whom he promised vpon his good successe great preferments in England Also he solicited Philip the French king offring that if he would assist him in the conquest of this Land to bind himselfe by oth to hold the crowne of him as of his Soueraigne Lord maister But because it seemed nothing cōmodious to France that the Dukedom of Normandy which then stood but in slender awe of the king should be strengthed by the addition of England for the ouer great powre of a neighbour nation is held amongst Princes a dangerous point Philip was so farre off from yeelding him any aide therin as that he did what he could to disswade him from it Neuerthelesse the Duke would not by any means be remoued from that he had alreadie so farre forth vndertaken but was the more forward being now also backed incoraged by the enterposed authority of Alexander Bishop of Rome who now first began to vsurpe a Soueraignty and command ouer Princes For his Holinesse ratifying the Dukes interest presented him with a hallowed banner as an assured token of happy successe wherfore hauing gathered his whole powre in redinesse at S. Valeries a little towne scituat at the entry of the riuer Some the Nauie attended a faire winde which because they could not haue so sone as they would the Normans weried the poore Saint Patron of that place with the multitude of vowes and did ouerload him with their continuall offerings Harold who had all this while with his people waited in vaine on the enemies landing determined with himselfe to dismisse his army and to dissolue his nauy for that time as well because his prouision of corne fayled as also hauing receaued letters frō the Earle of Flanders signifying that the duke purposed to stir no further that yeare which hee the rather beleeued because winter approaching for the sun was returned to his latter equinoctiall period the season was vnfit for nauigation But his armie was no sooner dismissed but he was constrained by an vnexspected occasion to gather together his dispearsed forces For Harold Harfager King of Norway playing the Pirat alongst the Northen coasts had alredy seized on the iles of Orkney intised thereunto by Tosty who had put him in hope of attayning the Crowne and were together entred the riuer of Tine with some few lesse then fiue hundred smale vessels There forces thus vnited they tooke spoile of the Countries adioyning passing from thence alongst the coast of Yorkshire till they entred the Riuer of Humber making what spoyle they could on ether side In the meane time the two Erles Edwine and Morcar gathering vp certaine disordred troopes such as the Country vpon a suddaine could afford made head against them but being repulsed by the Noruegians many of them together with there captaines saued them selues by flight but the greater mumber vnaduisedly rushing into the Riuer of Ouse thereby hoping to haue escaped perished in the water After this blowe they prepared to besiedg Yorke whether being come sooner then was looked the Cittie was surrendred and hostages deliuered on both sides Within fewe dayes Harold of England hauing in his passage gathered what forces he could commeth to Yorke from whence pursuing the Noruegians he found them very strongly incamped hauing on their backes the maine Ocean on their leaft hand the riuer of Humber where their ships lay at Ancre and vpon the right hand and a front they were pretily defended by the riuer Derwine All this not-with-standing Harold assailed them very couragiously The fight began vpon the bridge whereon it is said that a Noruegian alone a long time kept back the whole armie of the Englishmen from passing ouer vntill he was stroken thorow with a Dart. The armies being ioyned the fight continued a good while with doubtfull victory on either side but in the end the Noruegian hoast was wholy defeated of whom the greater number together with their King and his partaker Tostie were slaine in the battaile This victory brought also with it a rich bootie for besides much treasure they left behind them all their ships sauing some twentie of the worst which were bestowed on Paul Earle of the Iles of Orkney and on Oliue sonne to the Noruegian King therein to carry home their maimed souldiers hauing first taken an oath that from thence forth they should neuer molest this land againe Fortune thus smiling on our Harold made him esteeme very highly of himselfe for thinking that the Normans would now stand in feare of his mightinesse hee began to make lesse account of his souldiers not respecting how slenderly hee rewarded them for their late good seruice but reseruing to himselfe and some fewe of his fauorites the whole wealth attained by this victory he became odious to his owne subiects The North parts being thus distempered by this inuasion from Norway he wholy applied himselfe to set all things there in good order and safetie againe In the meane time the Duke of Normandy taking the offered oportunity about the ende of September hoised vp his sailes and with a fauorable winde landed his whole army at * Pemsey Peuensie in Sussex causing his ships to be set on fier thereby taking from his souldiers all hope of sauing thēselues by flight Hauing builded here some fortifications he marched from thence alongst the sea coast to Hastings where also hee raysed an other fortresse and furnished them both with sufficient strength for their defence Here be published the causes mouing him to vndertake this enterprise namely to bee reuenged on the outrage committed vpon his Cousin Alfred whom togither with diuerse Normans Godwine Father to Harold had wickedly murthered To take reuenge on Harold himselfe as well for causing Robert the Archbishop of Canterburie to be banished the Realme in the daies of King Edward as also for vniustlie detayning from him the kingdome of England contrary to his faithfull promise and oth But in any case hee strictly forebadde his Souldiers to inflict anie outragious calamities vpon the countrie people knowledge heereof was presently brought to king Harold who therevpon without further deliberation to the end hee might the more speedily incounter the Normans dispatched his postes into all the partes of the Realme intreating his subiects to perseuer in their loyaltie and duetifull obedience vnto him and hauing gathered what powre by al possible means hee could by long iorneyes hee came in fewe daies to London Hither the Duke sent his ambassador who demanding resignation of the kingdom vnto his maister very hardly escaped with life so much was Harold inraged against him For by his late victory ouer the Norwegians he was so encoraged that nothing could now appall daunt him He returned the Duke answere that vnlesse he would forth-with draw homewards it should be worsse for him But the Duke in modesty replied and in curtious manner dismissed the messenger Harold in the meane season mustering his men at London found that since the late conflict with the
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
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
Scotland as also for the better strengthning of his estate to whome the same kingdome should be by him adiudged wherevnto they all agreed by writing also vnder their seuerall hands and seales as followeth A toux iceulx c. To all those which this present writing shall see or heare Florence Earle of Holland Robert de Bruce Lord of Annandale Iohn de Balliol Lord of Galloway Iohn de Hastings Lord of Abergeuennie Iohn Cumin Lord of Badenawe Patricke de Dunbarre Earle of Marche Iohn de Vescie insteed of his Father Nicholas de Sules and William de Ros send greeting in our Lord. Because that of our owne willes and common consents without all constraint we doe consent and grant vnto the noble Prince the Lord Edward by the grace of God king of England that he as superior Lord of Scotland may heare examine define determine our claimes chalenges petitions which we intend to shew and proue for our right to be receiued before him as superior Lord of the land promising moreouer that we shall take his deed for firme and stable and that he shall inioy the kingdome of Scotland whose right by declaration shall best appeare before him whereas then the sayd king of England cannot in this maner take knowledge nor fulfill our meanings without iudgement nor iudgment ought to be without execution nor execution may in due forme bee done without possession and seisme of the said lands and castels of the same We do will consent and grant that he as Superior Lord to performe the premisses may haue the seisure of all the land and Castels of the same till they that pretend title to the crowne be satisfied in the sute so that before he be put into possession and seisure he find sufficient surety to vs that pretend title to the wardens and to all the cōmonaltie of the kingdome of Scotland that he shal restore the same kingdom with all the royaltie dignitie signorie liberties customes rights lawes vsages possessions and all and whatsoeuer the appurtinances in the same state wherein they were before the seisme to him deliuered vnto him to whom by right it is due according to the iudgemēt of his Maiesty sauing to him the homage of that person that shall bee king And this restitution to be made within two months after the day in which the right shall be discussed and established the issues of the same land in the meane time shall be receiued laid vp put in safe keeping in the hands of the Chamberlaine of Scotland that now is of him whom the King of England shall to him ioyne and assotiate and this vnder their seales reseruing and allowing the reasonable charges for the sustentatiō of the land the Castles and officers of the kingdome In witnesse of all the which premises wee haue vnto these set our seales giuen at Norham the wednesday next after the feast of the Ascensiō of our Lord in the yeare 1291. Besides these two former deeds from the competitors themselues he receiued the like assurance from all the principall officers and Magistrates of that realme So as by a free and generall consent he was acknowledged their supreame Lord and was accordingly intituled in sundry Proclamations and publique Edicts directed forth in his name King Edward hauing receiued at their hands these instruments of allegiance as their proper and voluntary deeds and also their seuerall homages either in his owne person or by his deputies according to the order giuen in that behalfe he was finally put in full possession of the realme of Scotland and hauing occasion to returne presently into England to solemnize the exequies of his Mother hee committed the gouernment and custodie of the realme in his absence to the Bishops of Saint Androwes and Glascoe and to the Lords Iohn Cumin and Iames Steward who before had giuen the King possession At his returne out of England at Midsomer following hee sent out sommons to all those that made claime to the Crowne of Scotland to repaire vnto him and hauing heard what each one could say for himselfe hee perceaued that the question rested onely betweene Iohn Balliol and Robert Bruce so as that all the rest were thenceforth vtterly excluded and barred from all further title or claime These two deriued their titles from Dauid Earle of Huntington brother to William late King of Scottes in this maner This Dauid had issue by Mawde his wife one of the daughters of Hugh Bohune Earle of Chester as is aforesaid three daughters Margaret the eldest was maried to Alaine Lord of Galloway who had issue together three daughters also of whom the eldest named Dernagil was maried to Iohn Balliol the parents of this Iohn Balliol one of the two competitors Isabell the second daughter of the foresaid Dauid was married to Robert Bruce betweene whom was begotten this Robert Bruce the other competitour He claimed the Crowne as next heire male the other made claime in the right of his mother who was the next heire in bloud and as wee say in England heire at the common-lawe Bruce alleadged that hee was to bee preferred before the Mother of Balliol because the heire male must carry away the inheritance of a kingdome from the heire female meeting in the selfe same degree of bloud as in this case it stood betweene him and Dernagill To this end he alleadged a late president in the like controuersie about the Duchie of Burgundie which the Earle of Neuers claimed in the right of his wife grand-child to the last Duke by his eldest sonne which notwithstanding the brothers inheritance was adiudged to the Dukes yonger sonne King Edward hauing heard the allegations and answeres of both parties caused then to be inrolled but because the matter was of the greatest importance life onely excepted and therefore required good deliberation hee referred the further proceeding therein till Michaelmasse following and returned into England In the meane time for his better instruction he acquainted the most learned Lawyers as well of France as of this nation with the whole state of the cause and receaued their generall resolution therein At the time prefixed he repaired againe into the North-parts and comming to Berwicke hee called thither the two competitours together with the greater number of the Lords of Scotland to receiue there a finall end of this controuersie Out of this great assembly of the most graue and best experienced personages of both Nations hee made choise of a certaine number as well English as Scottish to whom as to a Iurie royall sworne and admonished to deale vprightlie the King gaue full authoritie to name him that vnto them appeared vpon the examination of their seuerall titles and the resolution of the Lawyers therevpon which was deliuered vnto them to haue the better right vnto the crowne of Scotland These men being put a part by themselues and hauing examined considered and sufficiently debated the prooues allegations and whatsoeuer could be said on either