Part 12
¶ There were reasons alledged why the king of England séemed to do wrong in challenging as then the kingdome of Scotland: and amongst other, one was, that such homage as had béene done of ancient time to the kings of England, by the kings of the Scots, was onelie meant for Tindale, Penreth, and such other lands as the Scotish kings held within England, and not for the realme of Scotland. And whereas the kings of Scotland had aided the kings of England in their warres against the rebels of the realme of England, and béene present at their coronation, the same was doone of speciall fauour, and not of dutie. K. Edward hauing receiued the popes prescript, and well considered the whole contents therof, sent in writing his answer at large, proouing by euident reasons that the right of proprietie in the kingdome of Scotland, did most iustlie apperteine vnto him, and that the allegations were not true, but forged, which had béene by surmised information presented against him.
Beside the kings letters, which he wrote in his owne behalfe, there was an other letter deuised and written by all the lords temporall of the land, assembled in parlement at Lincolne, in which letter they answered in name of all the estates there gathered, vnto that point wherein the pope pretended a right to be iudge for the title of the realme of Scotland, protesting flatlie, that they would not consent that their king should doo any thing that might tend to the disheriting of the right of the crowne of England, and plaine ouerthrow of the state of the same realme, and also hurt of the liberties, customs, and lawes of their fathers, sith it was neuer knowne, that the kings of this land had answered or ought to answer for their rights in the same realme, afore any iudge ecclesiasticall or secular.
The tenour of the foresaid letter indited and directed to pope Boniface.
[Sidenote: Hastings I take it.]
[Sidenote: Whiteminster I thinke.]
[Sidenote: Thus far out of M. Parkins of the inner temple.]
To our most holie father in Christ, Boniface by Gods prouidence high bishop of the Holie Romane and vniuersall church, his deuout sonnes Iohn earle Warren, Thomas erle of Lancaster, Rafe de Monthermer earle of Glocester and Hereford, Humfrey de Bohun earle of Hertford and Essex and constable of England, Roger Bigod earle of Norfolke, and mareschall of England, Guie earle of Warwike, Richard earle of Arundell, Adomare de Valence lord of Monterney, Henrie de Lancaster lord of Monmouth, Iohn de Hastings lord of Bergeuennie, Henrie de Percie lord of Topclife, Edmund de Mortimer lord of Wigmor, Robert Fitz Walter lord of Wodham, Iohn de S. Iohn lord of Hannake, Hugh de Véer lord of Swanestampe, William de Breuse lord of Gower, Robert de Monthault lord of Hawarden, Robert de Tateshall lord of Wokeham, Reignold de Grey lord of Ruthin, Henrie de Grey lord of Coduore, Hugh Bardolfe lord of Wormegaie, Robert de Clifford chatellaine of Appelbie, Peter de Malowe lord of Mulgréene, Philip lord of Kime, Robert Fitz Roger lord of Clauerings, Iohn de Mohun lord of Dunester, Almerike de S. Amound lord of Widehaie, William de Ferrers lord of Grobie, Alane de Zouche lord of Ashbie, Theobald de Verdon lord of Webbeley, Thomas de Furniuall lord of Schefield, Thomas de Multon lord of Egremont, William Latimer lord of Torbie, Thomas lord Berkley, Foulke Fitz Warren lord of Mitingham, Iohn lord Segraue, Edmund de Eincourt lord of Thurgerton, Peter Corbet lord of Caus, William de Cantelowe lord of Rauensthorpe, Iohn de Beauchampe lord of Hacche, Roger de Mortimer lord of Penkethlin, Iohn Fitz Reignold lord of Blenleueny, Rafe de Neuill lord of Rabie, Brian Fitz Alane lord of Bedale, William Marshall lord of Hengham, Walter lord Huntercombe, William Martin lord of Cameis, Henrie de Thies lord of Chilton, Roger le Ware lord of Isefield, Iohn de Riuers lord of Augre, Iohn de Lancaster lord of Grisedale, Robert Fitz Paine lord of Lainnier, Henrie Tregoz lord of Garinges, Robert Hipard lord of Lomford, Walter lord Fancomberge, Roger le Strange lord of Ellesmer, Iohn le Strange lord of Cnokin, Thomas de Chances lord of Norton, Walter de Beauchampe lord of Alecester, Richard Talbot lord of Eccleswell, Iohn Butetourt lord of Mendesham, Iohn Engain lord of Colum, Hugh de Poinz lord of Corneualet, Adam L. of Wels, Simon L. Montacute, Iohn L. Sulle, Iohn de Melles or Moelles L. of Candeburie, Edmund baron Stafford, Iohn Louell lord of Hackings, Edmund de N. lord of Elchunhonokes, Rafe Fitz William L. of Grimthorpe, Robert de Scales lord of Neusels, William Tuchet lord of Lewenhales, Iohn Abadan lord of Deuerston, Iohn de Hauerings lord of Grafton, Robert la Ward lord of Whitehall, Nicholas de Segraue lord of Stow, Walter de Tey L. of Stongraue, Iohn de Lisle lord of Wodton, Eustace lord Hacche, Gilbert Peche L. of Corbie, William Painell lord Trachington, Rog de Albo monasterio, Foulke le Strange lord of Corsham, Henrie de Pinkenie lord of Wedon, Iohn de Hodeleston lord of Aneis, Iohn de Huntingfield lord of Bradenham, Hugh Fitz Henrie lord of Raueneswath, Iohn le Breton lord of Sporle, Nicholas de Carrie lord of Mulesford, Thomas lord de la Roche, Wal. de Muncie lord of Thornton, Iohn Fitz Marmaduke lord of Horden, Iohn lord of Kingston, Robert Hastings the father lord of Chebessey, Rafe lord Grendon, William lord of Leiborne, Iohn de Greistocke lord of Morpath, Matthew Fitz Iohn lord of Stokenham, Nicholas de Neuell lord of Wherlton and Iohn Painell lord of Ateli, with all humble submission.
[Sidenote: Out of maister Fox, pag. 427.]
The holie mother church, by whose ministerie the catholike sée is gouerned, in hir déeds (as we throughlie beléeue and hold) procéedeth with that ripenesse in iudgement, that she will be hurtfull to none, but like a mother would euerie mans right be kept vnbroken, aswell in another, as in hir selfe. Whereas therfore in a generall parlement called at Lincolne of late, by our most dread lord Edward by the grace of God the noble king of England; the same our lord caused certeine letters receiued from you to be read openlie, and to be declared seriouslie afore vs, about certeine businesse touching the condition and state of the realme of Scotland; we did not a little muse and maruell with our selues, hearing the meanings concerning the same, so wondrous and strange as the like we haue not heard at any time before. For we know most holie father, and it is well knowne aswell within this realme of England (as also not vnknowne to other persons besides) that from the first beginning of the realme of England, the certeine and direct gouernment of the realme of Scotland in all temporall causes from time to time belonged to the kings of the same relme of England and relme of Scotland, aswell in the times both of the Britains as also Englishmen, yea rather the same realme of Scotland of old time was in fée to the ancestours of our foresaid lords kings of England, yea and to himselfe.
Furthermore, the kings of Scots and the realme haue not béen vnder any other than the kings of England, and the kings of England haue answered or ought to answer for their rights in the foresaid relme, or for anie his temporalities before anie iudge ecclesiasticall or secular, by reason of frée preheminence of the state of his roiall dignitie and custome kept without breach at all times. Wherefore, after treatie had, and diligent deliberation of the contents in your foresaid letters, this was the common agréement & consent with one mind, and shall be without faile in time to come by Gods grace, that our foresaid lord the king ought by no meanes to answer in iudgement in any case, or should bring his foresaid rights into doubt, nor ought not to send any proctors or messengers to your presence, speciallie séeing that the premises tend manifestlie to the disheriting of the right of the crowne of England, and the plaine ouerthrowe of the state of the said realme, and also hurt of the liberties, customes and lawes of our fathers, for the kéeping & defense of which we are bound by the duetie of the oth made, and we will mainteine them with all power, and will defend them (by Gods helpe) with all strength; and furthermore, will not suffer our foresaid lord the king to doo or by anie means attempt the premisses being so vnaccustomed, vnwont, and not hard of afore. Wherefore we reuerentlie and humblie beséech your holinesse, that yée would suffer the same our lord king of England, (who among other princes of the world sheweth himselfe catholike and deuout to the Romish church) quietlie to inioy his rights, liberties, customes, and lawes aforesaid; without all impairing and trouble, and let them continue vntouched. In witnesse whereof, we haue set our seales to these presents, as well for vs, as for the whole communaltie of the foresaid relme of England. Dated at Lincolne the twelfth of Februarie, in the yeare of our Lord 1301, Et anno Edwardi primi 29.
* * * * *
[Sidenote: The K. goeth to Scotland.]
[Sidenote: An. Reg. 30.]
[Sidenote: 1302.]
[Sidenote: A truce granted to the Scots.]
The pope when he heard and deliberatelie pondered the kings answer, with this letter directed to him from the English barons, waxed cold in the matter, and followed it no further. The truce betwixt the king and the Scots being once expired, the king assembled his armie, and went into Scotland, about the feast of saint Iohn Baptist, and tarieng there all the summer and winter following, his souldiers lost manie of their great horsses for lacke of forrage, which could not be gotten in the cold winter season. He kept his Christmas at Lithquo, and at length at the request and sute of his brother in law the French king, he granted eftsoones a truce to the Scotishmen, vntill the feast of All saints next insuing.
[Sidenote: The king returneth into England.]
[Sidenote: The pope exhorteth the K. of England to make war against Fr[=a]ce.]
Then hauing ordered his business for that time in Scotland, he returned into England, and about midlent called a parlement at London. Also this yéere pope Boniface vpon displeasure conceiued against the French king, sent vnto king Edward, exhorting him to make warres against the same French king, and to persuade him the more easilie therevnto, he promised him great aid: but the king of England hauing prooued the said pope, not the surest man in friendship towards him, forbare to attempt anie forceable exploit against the French king, trusting by some other meanes to recouer his right.
[Sidenote: The deceasse of the earle of Hereford.]
[Sidenote: _Re. Tur._]
[Sidenote: Tournies prohibited.]
[Sidenote: Townes restored to the K. in Gascoine.]
This yéere Humfrey Bohun earle of Hereford departed out of this life, after whome succéeded his sonne Humfrey, who afterwards maried the kings daughter, Elizabeth countesse of Holland, after that hir first husband was dead. Tournies, iustes, barriers, and other warlike exercises, which yoong lords and gentlemen had appointed to exercise for their pastime in diuerse parts of the realme, were forbidden by the kings proclamations sent downe to be published by the shirifs in euerie countie abroad in the realme: the teste of the writ was from Westminster the sixtéenth of Iulie. ¶ The citizens of Burdeaux could not bare the yoke of the French bondage, and therefore this yéere about Christmasse expelled them out of their citie. ¶ Shortlie after the French king doubting least the king of England, by the setting on of the pope, should make warres against him for wrongfull deteining of Gascoine, to purchase his fauor, restored to him all that which he held in Gascoine, and so then they of Burdeaux also submitted themselues to the king of England of their owne accord.
[Sidenote: _Polydor._]
[Sidenote: The lord Segraue s[=e]t with an armie into Scotland.]
[Sidenote: _Abington._]
[Sidenote: _Polydor._]
Now after that the truce with the Scots was expired, which tooke end at the feast of All saints last past, the king sent the lord Iohn Segraue, a right valiant knight (but not so circumspect in his gouernment as was necessarie) with a great armie into Scotland, to haue the rule of the land as lord warden of the same: with him was ioined also Rafe Confreie, treasurer of the armie. These two capteins comming to the borders, and hearing that the Scotishmen alreadie were in armes, they entered into Scotland, and in order of battell passed foorth to Edenburgh, and hearing nothing of their enimies which kept them still in the mounteins, they deuided their armie into thrée seuerall battels, two of the which came behind the fore ward vnder the leading of the said Rafe Confreie, the third (that is to say) the fore ward, the lord Segraue led himselfe, in such order that there was the distance of foure miles betwixt their lodgings. This they did to be the more plentiouslie serued of vittels.
But the Scots vnderstanding this order of their enimies, became the more hardie, and therevpon hauing knowledge where the lord Segraue was lodged with his companie, a good way off from the other two parts of the armie, they hasted forwards in the night season, and came néere vnto the place where the same lord Segraue was incamped, a little before daie, making themselues readie to assaile the Englishmen in their campe. But the lord Segraue hauing knowledge of their comming, though he was counselled by some of them that were about him, either to withdraw vnto the other battels, or else to send vnto them to come to his aid, he would follow neither of both the waies; but like a capteine more hardie than wise in this point, disposed his companies which he had there in order to fight, and incouraging them to plaie the men, immediatlie vpon the rising of the sunne, and that his enimies approched, he caused the trumpets to sound to the battell, and gaue therewith the onset.
[Sidenote: The English men vanquished by the Scots.]
[Sidenote: _Abington._]
[Sidenote: Rafe C[=o]freie was slaine at this incounter, as _Abington_ saith.]
[Sidenote: _N. Triuet._]
[Sidenote: The earle Marshall resigneth his lands vnto the king.]
The fight was sore and doubtfull for a while, till the Englishmen ouercome with the multitude of their enimies began to be slaine on ech side, so that few escaped by flight. To the number of twentie worthie knights were taken, with their capteine the said lord Segraue being sore wounded, but he was by chance rescued and deliuered out of the enimies hands, by certeine horssemen, which vnder the leading of the lord Robert Neuell a right valiant knight (vpon hearing the noise of them that fled) came on the spurs out of the next campe to the succour of their fellowes. Rafe Confreie after this mishap (as Polydor saithe) brought backe the residue of the armie into England, not thinking it necessarie to attempt any further enterprise at that time against the enimies, ouermatching him both in strength and number. This incounter chanced on the first sundaie in Lent. ¶ I remember the Scotish chronicles conteine much more of this enterprise greatlie to their glorie, and more (haplie) than is true, as by conferring the place where they intreat of it, with this that I haue here exemplified out of our writers it may well appeare. The earle marshall hauing spent largelie whilest he stood in contention against the king, who was now earnestlie called vpon to repaie such summes of monie as he had borowed of his brother Iohn Bigod, who was verie rich by reason of such benifices and spirituall liuings as he had in his hands, the earle bicause he had no children, to whom he might leaue his lands, meant to haue left them vnto his said brother: but when he saw him so importunate in calling for the debts which he owght him; he tooke such displeasure therewith, that to obteine the kings fauour, and to disappoint his brother of the inheritance, he gaue vnto the king all his possessions, vpon condition that the king adding thereto other lands in value woorth a thousand markes by yeare, should restore them to him againe to inioy during his life, the remainder after his deceasse to come vnto the king, and further, the king should paie and discharge him of all his debts.
[Sidenote: A subsidie.]
[Sidenote: The king goeth in person into Scotland.]
[Sidenote: Cathnes.]
[Sidenote: The Scots submit themselues to the king.]
King Edward being aduertised of the losse which his men had susteined in Scotland, streightwaies called a parlement, wherein by assent of the states a subsidie was granted, towards the maintenance of his warres, and then the same being leuied he assembled his people, and shortlie after about Whitsuntide entred into Scotland to reuenge the death of his men. The Scots hearing of the kings comming, fled into the mounteins, mosses, and marish grounds, not once shewing any countenance to fight any set battell with the English host, so that the king in maner without resistance passed through the countrie euen vnto Cathnes, which is the furthest part of all Scotland. Manie of the Scots perceiuing their lacke of power to resist the English puissance, came to king Edward, and submitted themselues, with condition that they should inioy their lands which he had giuen awaie to his lords, they redéeming the same with conuenient fines, which was granted.
[Sidenote: _Abington._]
[Sidenote: William Waleis.]
[Sidenote: _Polydor._]
[Sidenote: _Hect. Boetius._]
[Sidenote: _Ia. Meir._]
[Sidenote: An. Reg. 32.]
[Sidenote: Striueling castell besieged.]
[Sidenote: _Abington._]
[Sidenote: 1304.]
[Sidenote: Enging to cast stones.]
But Will. Waleis with certeine other, kéeping themselues in places where no armie could come to pursue them, would neuer giue eare to any conditions of agréement: so that neither with feare, neither with offer of rewards could this Waleis be induced to follow or behold the English K. ruling the realme of Scotland. King Edward returning backe, came to the castell of Striueling (which the Scotishmen held against him) and besieged it. The king himselfe laie at Dunfersing the most part of the winter: and whilest he laie there, the quéene which had lien a long time at Tinmouth came to him, and when the winter was once past, the king himselfe came to the siege, and caused certeine engins of wood to be raised vp against the castell, which shot off stones of two or thrée hundred weight: but yet would not they within once talke of any surrender. And where the Englishmen filled the ditches with wood and boughs of trées, they set the same on fire, and burnt them to ashes: at length the ditches were filled with stones and earth, so that then the Scots within perceiuing themselues in euident perill to loose the castell, on saint Margarets daie they yéelded themselues simplie into the kings hands, as the English writers affirme, though the Scotish writers record the contrarie.
[Sidenote: _Polydor._]
[Sidenote: _Tho. Wals._]
[Sidenote: The earle of Penbroke lord warden of Scotland.]
[Sidenote: _N. Triuet._]
[Sidenote: _Polydor._]
[Sidenote: A fiftéenth granted.]
Finallie, when the king had ordered all his businesse in Scotland at his pleasure, he returned into England leauing in Scotland for warden the lord Iohn Segraue, or (as other writers haue) sir Aimer de Valence earle of Penbroke. At his comming to Yorke he caused the iustices of his bench, and the barons of the excheker to remoue with their courts, and all their clearks and officers, togither with the lord chancellor and his court to London, that the termes might be kept there, as in times past they had béene, whereas now the same had remained at Yorke aboue the space of six yeares, vpon this consideration, that the king and his councell might be néere vnto Scotland to prouide for the defense thereof, as occasion from time to time should require. From Yorke he came to Lincolne, and there remained all the winter, holding a councell, in the which he eftsoones confirmed the articles of Magna charta, touching the liberties, priuileges and immunities of his subiects, the which to declare their thankfull minds towards him for the same, granted to him for the space of one yéere the fiftéenth part of all their reuenues. Others write that the king had in this yeare of citizens and of the burgesses of good townes, the sixt penie according to the valued rate of their goods.
[Sidenote: The deceasse of the archbishop of Yorke.]
[Sidenote: Wil. Gréenefield made archbishop of Yorke.]
[Sidenote: Robert Bruce earle of Carrike departeth this life.]
[Sidenote: _N. Triuet._]
[Sidenote: Inquisitions taken of the misdemeanors of iustices.]
[Sidenote: _Caxton._]
[Sidenote: Iustices fined.]
About the same time, Thomas Colebrugh or Corbridge archbishop of Yorke departed this life, and one William Gréenefield doctour of both the lawes succéeded him. ¶ There died about the same time that valiant knight the lord W. Latimer. ¶ Also Iohn Warren earle of Surrey and Sussex died this yéere & was buried at Lewes. His nephue by his son (named also Iohn) succéeded him, obteining to wife the kings néece by his daughter Elianor that was married to the earle of Bar, as before ye haue heard. Likewise Robert Bruce earle of Carrike, the fift of that name died this yeare, who was father to that Robert Bruce that was after K. of Scots. ¶ Moreouer, about this season the king ordeined certeine commissioners of iusticiaries, to make inquisitions through the realme, by the verdict of substantiall iuries vpon all officers, as maiors, shiriffes, bailiffes, exchetors, and other that had misused themselues in their offices, either by extortion, briberie, or otherwise, to the gréeuance of the people, contrarie to that they rightlie might doo and iustifie by vertue of their offices: by meanes of which inquisitions manie were accused and found culpable, and therevpon put to gréeuous fines.
[Sidenote: _Matth. Westm._]
[Sidenote: Intrusions punished, and other offenses against the kings peace and iustice.]
[Sidenote: Forfeits.]
[Sidenote: _Nic. Triuet._]
[Sidenote: Traile baston.]
Also the iustices, which were assigned to take these inquisitions, extended the same according to their commission against such as had made intrusions into other mens lands, and for doubt to be impleaded for the same had made alienations ouer into the hands of great men; also against such barretors as vsed to take monie to beat any man, and againe would not sticke to take monie of him whom they had so beaten, to beat him that first hired them to beat the other. The malice of such maner people was now restreined by force of these inquisitions: for such as were found culpable, were worthilie punished, some by death, and some by ransoms: diuerse also for feare to come to their answers fled the realme: also forfeits against the crowne were streightlie looked vnto, found out, and leuied; by reason whereof great summes of monie came to the kings coffers, which holpe well towards the maintenance and charges of his warres. This kind of inquisition was named commonlie Traile baston, which signifieth, Traile or draw the staffe. And forsomuch as the procéeding in this wise against such misdemenors as then were vsed, brought so great a benefit to the realme in restreining such malefactors, which greatlie (as should séeme) disquieted the state of the commonwealth, I haue thought good to set downe the substance of the same, as followeth.
An extract of the foresaid writ, as it is registred in the booke that belonged to the abbeie of Abington.