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CALENDAR OF DOCUMENTS

KELATING TO

SCOTLAND.

1272-1307.

VOL. II.

SOLD BY

A. & C. BLACK, DOUGLAS & FOULIS, LONGMANS cfc CO., . TRiJBNBR & CO., . PARKER & CO., MACMILLAN & CO., A. THOM & CO.,

Edinbdkoh.

London.

Oxford.

Cambridge.

Dublin.

CALENDAK OF DOCUMENTS

RELATING TO

SCOTLAND

PRESERVED IN

HEK MAJESTY'S PUBLIC RECORD OFFICE, LONDON.

EDITED BY

JOSEPH BAIN,

F.S.A. SCOT., MEMBER OP COUNCIL OF THE ROYAL ARCH^OLOGICAL INSTITUTE OF

GREAT BRITAIN AND IRELAND, MEMBRE CORRESPONDANT ^TRANGER

DE LA SOCliT^ DES ANTIQUAIRES DE NORMANDIE.

VOL. 11. A.D. 1272—1307.

PUBLISHED BY THE AUTHORITY OF THE LOEDS COMMISSIONERS OF

HER majesty's TREASURY, UNDER THE DIRECTION OF

THE DEPUTY CLERK REGISTER OF SCOTLAND.

H. M. GENERAL REGISTER HOUSE, EDINBURGH.

1884.

PRINTED FOR HER MAJESTY'S STATIONERY OFFICE BY NEILL AND COMPANY, EDINBURGH.

TABLE OF CONTENTS.

Introduction, ........

Schedule op Records, .......

Table op Contemporary Kings and Governments of England and Scotland, .......

Calendar, ........

Appendix : — I. Description of Seals appended to certain Homages,

II. Original Documents,

III. Catalogue of Detached Seals,

{Plates I. to V. follow page 540.)

Index, ......

Corrigenda, .....

PAGE

ix Ixi

Ixii 1 531 535 537

561

714

464233

INTRODUCTION.

INTRODUCTION.

^HIS, the second volume of the Calendar of Documents relating -^ to Scotland, preserved among the Public Records of Eng- land, embraces the entire reign of Edward I., — a period full of events of great importance in the history of the two countries, — beginning with the last years of the peaceful and beneficent reign of Alexander III., and ending while the two nations were engaged, one for conquest and the other for independence, in the arduous struggle which, after many vicissitudes, was to end in firmly seating Robert Bruce on the vacant throne of his ancestors.

The reign of Edward L, so far as it relates to Scotland, may be divided into six periods — the last thirteen years of the reign of Alexander III., five of the nominal reign of Margaret of Norway, the two years' Interregnum during the Competition for the Crown, John Balliol's disastrous four years' reign, the second Interregnum of ten years, and lastly, the short period from the coronation of Robert Bruce till the death of Edward I.

Beginning then with Alexander III., we shaU find that the documents calendared fully bear out the character assigned to him by Lord Hailes : — ' His conduct towards the neighbouring ' kingdom was uniformly candid and wise. He maintained that ' amity with England \'vhich interest as weU as relation to its * sovereigns required ; yet he never submitted to any concessions

VOL. II. &

X INTEODUCTIOK

1272-75. ' wMcli might injure the independency of the kingdom and

Edward I. ' Church of Scotland.' (Alex. IIL)

The first document ^ is a remonstrance by him as to encroach- ments on his rights in his Cumberland manors, addressed to Eleanor Queen of Henry III., who is called 'the late,' some rumour of his death having doubtless reached Scotland, though that event did not occur till 16th November, nearly seven months after the date of the letter, 22nd April 1272. As \vdll be noticed from many other documents,^ the privileges of the Kings of Scotland in these and their Tynedale possessions were grudgingly admitted, and closely watched by their brother sovereigns. On 27th August 1274, Edward I. issued a writ ^ commanding 17 5l. to be paid to his royal brother-in-law from the issues of Durham, for the stated expenses of 100s. daily, allowed of old to the Scottish kings coming to the English Court ; in this instance the cost of his attending the coronation at Westminster. Soon after, in Michaelmas Term^ the same year, Edward ordered the Barons of Exchequer to ascertain what balance was due to Alexander of his consort Queen Margaret's dower of 5000?., that it might be settled. There is nothing to show, however, that it was ever paid.^ After above twenty-four years of married life, Queen Margaret died at the comparatively early age of thirty-five on 26th February 1274-75.^ Her grace and beauty are still the subjects of Scottish tradition. Only three weeks before her death she had obtained from her brother a special favour for Elizabeth de Quincy Countess of Buchan, who was in an interesting situation, releasing her from personal attendance before him to receive her share of her father's heritage.^ This loss made no change in the friendly relations between the brothers-in-law. Alexander continued to maintain his own public rights, as well as those of his subjects. He was in the custom of making journeys through his kingdom to see that justice was administered ; and thus we find him, from

^ No. 1. pounds, and the balance due two years before

2Nos. 17, 44, 133, 146, 147, kc. the death of Henry III., was 2000 marks.

3 No. 19. (Vol. i., Nos. 1848, 2580.)

*No. 25. ^Forduu, ed. Skene, i. 305.

•The dower was originally in marks, not ^No. 40.

INTEODUCTION.

XI

Elgin, on 15tli August 1275,^ urging the release of a vessel and 1275-77. her crew, belonging to Alexander of Argyll, arrested at Bristol on Edward I. suspicion of piracy ; from Stirling, on 24th October thereafter, ^ ®^' '' informing Edward I., in answer to the latter's complaint regarding pirates,^ that they would be judged according to Scottish laws ; from Eoxburgh, on 14th November after,^ asking the English King's favour in the business of Alexander the Steward, — whose case (rather a complicated one) is stated by himself to Edward I. in singular terms,* ending with a familiar proverb ; and lastly, from Brechin, 29th December,^ as to an aid demanded by Edward within Tynedale, on which the Scottish King says he must advise with his magnates. A document without date, evidently of the same year,^ sums up his demands, with Edward's replies. His mother, Mary de Coucy the Queen Dowager, appears about this time, on one occasion on pilgrimage to Canterbury (24th February 1275-76)/ at another, crossing seas^ (26th December 1276). The next year or two saw much correspondence between the Sovereigns on the subject of Scottish encroachments on the March between their kingdoms at Tweedmouth near Berwick,® of which the Bishop of Durham had complained as an infringe- ment on his liberty of Norhamschyre. Lord Hailes remarks^*' that the subject of these solemn negotiations was probably nothing more than a salmon fishery. It may, however, have been some matter of greater moment. Berwick-on-Tweed was then a place of great commerce. The Chronicle of Lanercost^^ calls it a second Alexandria; its merchants and their extensive transactions appear often in the present Calendar ; and few who see it now can realise what it must have been in the time of Alexander IIL, when many of the greatest ecclesiastics and nobles of Scotland had houses within its walls.

The question of the homage to be rendered by the King of Scotland for the lands and tenements which he held in England forms the next subject of discussion between him and Edward, and after preliminary protests and safe conducts had been

1 No. 55. 5 No. 62. ' No. 82, 90, 93, 94, 95, 104. 111.

2 No_ 59 « No. 63. " Annals, 1277.

3 No. 60. 7 No. 67. " P- 1S5. ) * No. 61. * No. 84.

xii INTEODUCTIOK

1278-79. adjusted, the precise terms of whicli do not very clearly appear/ Edward I. the King of Scotland rendered homage, in respect of these lands, '^ at Westminster on 29th September 1278, one of his greatest nobles, Robert Bruce Earl of Carrick, son of the future Com- petitor, swearing fealty on his behalf.^ An instrument on the Patent EoUs, dated on 17th of October, declaring that the King of Scotland offered homage at Tewkesbury the day before, but as Edward had not his Council, he deferred it to London, is somewhat inexplicable. The date is undoubted, as the original is extant as well as the enrolment.^

The Assize Roll of Alexander's justices errant in Tynedale in 1279,* commonly called the ' Iter of Werk,' is a unique example of such a document under the reisfn of a Scottish kinor. From the references to earlier rolls of Tynedale in the title deeds of the ancient family of Swinburne of Capheaton,^ there must have been others ; but all have disappeared with those of Scotland proper. Its chief value is perhaps genealogical, but it also affords evidence of the close similarity of the laws of the two countries at that date.

An inquisition, unfortunately much dilapidated,^ reveals a glimpse of the singular law of combat on the Marches called * Handwarcelle,' whereby the ownership of stolen goods (in this instance a mare) was decided, it does not appear whether by the principals alone or champions in their behalf.

Cognate to this March question is the singular privilege noticed in the inquisition on the death of Baldewin Wake, baron of Lydel,^ whereby the men of Roceland and Salom in Scotland had free pasture and right of fowling in the fields of Arthuret in Cumberland; a relic possibly of the days when Cumbria and Strathclyde were under one ruler.

During the period we have been traversing, we see little of the royal children of Scotland. A few of their letters to Edward I., however, are still extant. In the first of these,^ Prince Alexander,

1 Nos. 119, 120, 121, 122, 123, 124, 125, ^ Hodgson's Histonj of NorthumherUnd ^26. part iii. vol. i. pp. 10-18.

' ^o. 127. 6 xo. 183.

' No. 128. 7 jfo 208.

* No. 168. 8 ifo, i5g

INTEODUCTIOK xiii

a boy of sixteen, writes (29tli March 1279) in very affectionate 1279-84. terms to his ' most hearty uncle,' asking his favour for Sir Ingram Edward i. de Umfi'aville. In another,^ perhaps a year or two later, he ^^^^' ^^^'^ writes expressing equal interest in his uncle's family. In both of these letters he says that, having no seal of his own, he uses that of his guardian, Sir William de St Clair. He appears to have successfully interceded about this time for Nicholas de Veteri- pont of Tynedale.- The next event in his life was his marriage to the daughter of Guy Count of Flanders, who had a safe con- duct for her passage through England on 11th August 1282,^ the marriage taking place doubtless soon after. The Prince is said to have died at Cupar in Fife, on 28th Januar}^ 1283-84,^ shortly after which date the Count sent a suitable escort to conduct his widowed daughter back to her own country.^

Only one letter of his sister, Margaret Queen of Norway, appears.^ She ^Tites to her uncle in most affectionate terms, and, like her brother ha\"ing no seal, uses that of her ' chamberere,' Dame Lucy de Hessewelle. She married, a year earlier than her brother, Eric King of Norway ;" and though only in her twenty- first year, her husband was seven jeais her junior.^ She pre- ceded her brother to the grave,^ leaving an only child Margaret, who, on 5th February, immediately after her uncle's death, was acknowledged by the magnates as heiress of Scotland, in default of issue of her grandfather or his son.^*'

Even at this long interval of time, few wiQ read the letter written by the bereaved King to Edward I., on 20th April 1 284,^^ with its expressions of his overwhelming sorrow and grateful thanks for his brother-in-law's sympathy, without a touch of human feeling. Though lq early middle age, having been bom in 1241, he had lost wife and ckLlcben, and being the only son of an only son was without a near male relative to succeed him.

1 Xo. 204. ^ No. 197.

2 Xos. 205, 217. i ^ Hailes' Annals.

3 Xos. 220, 221. " Fordun, ed. Skene, i. 307. The CTiron. * The day of his birth, according to the La/iercost, p. Ill, says she died thirty days

Chronicle of Lanercost, p. 111. after him, in February.

5 Xo. 247. " 1^0. 248.

6 No. 185. " No. 250.

xiv INTRODUCTION.

1284-86. He reminds Edward that tlie heiress apparent of Scotland was an Edward I. infant girl, and seems to bespeak her granduncle's protection (Alex. III.) £qj. jjgj. ^ needful.

The Scottish King, with prudent foresight, married again, his second consort being Joleta daughter of Eobert (IV.) Count of Dreux, the head of a princely house, whose ancestor was Eobert called ' the Great,' third son of Louis le Gros King of France.

On 19th August 1285,^ a safe conduct issues from the English Chancery for herself and her brother John, to go through England to Scotland, and (ominously as it proved) to return within a year.

Long before that year was out the marriage was dissolved^ by Alexander's melancholy death on the clijSs between Burnt- island and Kinghorn in Fifeshire, where he was thrown from his horse over a precipice (still called the King's Craig) and killed on the spot, on 19th March 1285-86.

With him expired the direct line of the Scoto-Pictish kings, traceable (with one break, the daughter of Malcolm II.) in the male line from Kenneth MacAlpine in the ninth century.^ More than this, the kingdom, which had attained under the wise reigns of his father and himself a high degree of prosperity, was ere long to experience the disastrous effects of civil disorders, retarding its progress for generations.

It will be proper, before going farther, to take notice of the evidences of trade during his reign, for we shall find that these are few and far between during the turmoil of the War of Independence. On 10th November 1273, three merchants of Aberdeen who had freighted a vessel from that port to St Omer with wool, timber, and hides, and had been plundered by Englishmen off Yarmouth and the Kentish Coast,

^ No. 273. of Montfort into the house of Brittauy, and

2 Queen Joleta re-married Arthur (II.) Duke John de Montfort, Duke of Brittany, was her

of Brittany, by whom she had six children, eldest son. L'Art de Verifier les Dates (torn.

In a Chronicle cited by Lobineau, Hist, de 11, p. 467; tom. 13, p. 217). There is a curious

Bretagne {vol. ii., 362), a daughter, Biancha, account of her proceedings after Alexander

is recorded as born to the Duke and his wife III.'s death, in the Chronicon de Lanercost, p.

Yollandis, 'formerly Queen of Scotland,' in 117. 1300. Joleta or Yolanda broi;ght the county ^ Skene, Celtic Scotland, vol. i.

INTRODUCTION. xv

were ordered to have restitution.^ Tliey had not been satisfied, 1274-86. however, by 28th August 1274, when the constable of the Ed^^I^i. Cinque Ports is ordered to see to it instantly.- A trader of ^'^^^' ^^^'^ the Lord of Argyll, touching at Bristol and arrested on suspicion of piracy, was released in 1275, through the intervention of the Scottish King.^ Philip de Ridale, a great Berwick merchant, and another, whose vessel, bound for Dieppe with wool, &c., had been plundered by a pretended salvor ofi" the coast of Lindseye, were ordered redress on 11th May 1276.* In August of the same year we find a landowner of the latter district, sending to buy horses at Stirling fair.'' In 1278-79, a London trader to Scotland has a protection for a year.^

The extensive intercourse between Scotland and the port of Bordeaux is shewn by a long process, which must have begun some years before Alexander's death, not ending till the reign of John Balliol, whereby a Gascon merchant, John Mazun (or Massun), claimed a large sum^ for wines, &c., supplied to the Court of Scotland, and asserted that, besides delaying payment till his credit at home was destroyed, the Scots cheated and imprisoned him. The aff'air involved the two Kings in cor- respondence in 1284,^ besides petitions from the mayor of Bor- deaux,^ and the creditor,^'* then in a Scottish prison. He seems to have threatened to annoy Scotsmen in his own country, for, on 27th March 1286, he gives security to abstain from so doing," and has a safe conduct to go with an oflicial to Scotland to recover. ^^ In 1288 the executors of Alexander III. complained that he was arresting Scotsmen's goods in England for his debt.^^ Lengthy proceedings, apparently with no result, took place before commissioners who sat at Carham on the March, in February 1288-89.^* His case slept during the Interregnum, but, on

1 Nos. 9, 10.		8 No. 252.
2 No. 20.		9 No. 255.
3 Nos. 55, 63.		i« No. 264.
" No 74.		" No. 295.
5 No. 79.		12 Nos. 297,	299.
« No. 151.		1-^ Nos. 353,	360.
7 The sum claimed was 2197?. 8s.	Foedera,	» No. 359.
i., 787 (Record edition).

xvi INTEODUCTTON.

1285-94. John Balliors accession it was made a handle for one of

Edward I. Edward's imperious mandates to his vassal King, who was

^Mar^aret"' Summoned on 2nd April 1294/ to appear and answer at West-

Jolm Ealliol.) Tninster to the Gascon's demand. The executors of the late

King explained^ how the final payment would have been made

but for the creditor's own conduct, and with this the afi"air

disappears from record.

In a very curious letter without date,^ in old Castilian, a Spanish shipmaster relates to the Scottish King the misfortunes of his vessel, driven far out of her course on the Western Islands, and the treacherous conduct of an island chief, who may perhaps be identified with ' Alan MacEotheryk,' whose son appears on the Ragman Roll. The particulars of the cargo, given in Norman French, are interesting.*

We may now pass lightly over the next three periods — the reign of Margaret of Norway, the Interregnum during the Com- petition, and the reign of John Balliol.^

From the grave of their lamented Sovereign at Dunfermline, the magnates of Scotland who had assisted at his obsequies, headed by the Bishops of St Andrews and Glasgow, addressed the King of England on the 29th March 1286,^ consulting him as the nearest in blood to their infant Queen.

1 Nos. 685, 686. from the public records, but from other sources,

2 Nos. 687, 688. while the present work embraces all docu- ^ No. 288. ments in the former rejiository connected with ■* No. 289. Scotland, it necessarily follows, that occasion- ^ These have been fully illustrated in several ally Mr Stevenson's labours are supplemented

important works, official and non-official, by additional notices. It is also to be borne viz : — Hailes' Annals of Scotland, Rymer's in mind, that when that gentleman, and Sir Fosdera, Sir Francis Palgrave's Domments and Francis Palgrave before him, perused the Records relating to Scotland (1837), and the originals, these were in a very different state Rev. Joseph Stevenson's Documents illus- of repair from their present condition. Under trative of the History of Scotland (1286-1306), the careful management of nearly two genera- published in 1870. The documents printed tions of able public officials, these documents in these works, being given at length and in have been repaired and mounted, rendering it the original, are merely noted briefly in this sometimes possible to make out words and volume for the sake of continuity. Here dates which baffled these learned persons, the editor must express his obligations to the Some however have become illegible by their valuable work of Mr Stevenson. From the gradual decay since they were printed by Sir nature of the book, however, which, as its title F. Palgrave. bears, consists of ' Selections, ' taken not only ^No. 292,

INTEODUCTION. xvii

Six Guardians were shortly after (llth April) appointed by 1286-90. the convention at Scone, in name of the infant, including these Edward I. two bishops,^ and under their government the affairs of the ^^NoSr*{^^ kingdom were conducted on the whole much as during the late reign. The King of England, naturally enough, was desirous to embrace the opportunity of uniting the two realms by the marriage of his son and grand-niece, and with this object many negotia- tions took place between his envoys and those of Norway and Scotland during the year 1289,^ ending with the important Treaty of Salisbury on 6th November,^ and the Papal bull of Nicholas IV. permitting the intended marriage.'* He had procured an earlier bull from the late Pope, Honorius IV. (on 27th May 1286),^ granting a general dispensation for all his children to marry within the forbidden degrees. To smooth proceedings, he had also lent the King of Norway 2000 marks in 1286,^ and his energetic envoy, the Bishop of Durham (pro- bably not long after that date) granted the considerable sum of 400Z. in annuities to Norwegians of rank, till the Queen attained the age of 15.^ He wrote urgently to Eric^ on 17th April 1290, to hasten the arrival of his daughter in England, a request which had been already made to Eric by the Guardians on 17th March." On that day they had signified their consent to the marriage under their common seal,^° Edward having bound himself to them in a penalty of 3000 marks, unless their Queen arrived by All Saints' day.^^ The important marriage treaty at Brigham on the Tweed next followed,between the English Ambassadors and the magnates and community of Scotland, duly ratified by Edward at Northampton on 28th August 1290.^^ The princijDal person- ages had appointed procurators,^'^ the King of England had with paternal interest despatched a great vessel from Yarmouth, victualled with delicacies in the spirit of the age,^^ to bring the young Queen to her realm ; and all things seemed to point to a

1 Fordun, ed. Skene, i. 310, 319.	8 No. 423.
2 Nos. 382, 383, 386, 387, 388, 389, 391.	9 No. 417.
3 No. 390.	" No. 416,
4 No. 392.	" No. 428.
5 No. 298.	12 No. 450.
6 No. 293.	13 No. 448, 449.
7 No. 445.	" No. 464.

xviii INTRODUCTION.

1290, liappy issue of his anxious negotiations at the Court of Rome and Edward I. elsewhere, attended as they had been with heavy expenses.^

(Margaret of

orway.; ^^ ^^^.^ ^^^ prospect of a happy alliance between the two

nations, while messengers were hurrying through the land mth accounts of the arrival of the young Queen and her father in Orkney,^ and the magnates of Scotland were assembled at Perth to deliberate upon the negotiations which were in progress with the King of England, and to make arrangements for receiving ' the child of so many hopes,' ^ a doleful rumour spread through the land that she had died before touching the shores of her kingdom. On 7th October 1290, the Bishop of St Andrews reported it to Edward L, and urged him to take steps to prevent disorders.* The Bishop mentioned that at the instigation of cer- tain persons,^ the Lord of Annandale had unexpectedly come with a formidable retinue to Perth.

In the Competition for the Crown, to which we now direct our attention, Rymer's Foedera and Sir Francis Palgrave supply the bulk of the documentary evidence, printed at great length. The Foedera embodies the entire proceedings from the time when Edward I. met the clergy and nobles of Scotland at Norham in May 1291, to his final decision in November 1292, adjudging the Crown to Balliol. This famous document, known as the Great Roll of Scotland, was drawn up by Master John de Cadamo (or of Caen), an apostolic notary, in a narrative form, embodying the successive instruments, which were written from day to day, as the business proceeded, by another official, Master Andrew de Tang, clerk of the Diocese of York. As these last sometimes give expressions and facts differing from the Great Roll, the narrative in this Calendar has been taken from them, with great brevity of course, and the differences pointed out.

1 Nos. 463, 464. Bergen, in whose arms she died, brought her

2 Nos. 456, 457, 463, 464. body back to Norway, and the King her 2 Fadera, i. 741. father, after satisfying himself that it was his *^o. 459. From a very interesting paper daughter's corpse, caused her to be buried

in the Proceedings of the Scottish Antiquaries, beside her mother on the north side of the

vol. X. p. 403, by Joseph Anderson, LL.D., choir of Bergen cathedral. we learn that the Princess died (but was not ^ Lord Hailes conjectures that the Bishop

buried) in Orkney — that Bishop Narwe of of Glasgow is here pointed at.

INTRODUCTION.

XIX

Sir Francis Palgrave has given, with one or two exceptions, 1291 the responses by twenty-two of the religious houses to Edward's Edw^ i commands on them to furnish evidence touchino- the two kino-- (Inten-eg-

^ ^ ° num.)

doms;^ as also the pleadings of the Competitors/'^ These also have been stated here with the utmost succinctness. In Mr Stevenson's volumes we have the instruments connected with the administration of the kingdom of Scotland by the four sur- viving Guardians, the Bishops of St Andrews and Glasgow, the elder Com}^!, and James the Steward — to whom Edward had added a fifth, Brian fitz Alan of Bedale — all derivino- their powers ex terminis from him in his assumed capacity of over- lord,^

The extracts from the Chronicles were read at the first meet- ing on 10th May.'^ They contain a curious mixture of historical facts and monkish legends. One, that of Chester,^ is not in Palgrave, and has an interesting account of the circumstances attending the death of St Margaret Queen of Malcolm Canmore. That following it, of Faversham,® gives some particulars which, from the state of the document, escaped the acute eye of Pal- grave— Arthur's victories at Duglas water over Colgrim and the Saxons and Scots, and the Scots and Picts besiesfinof his sick

' (DO

nephew Hoel in the city of Alcluyd, when they fled to the isles of Lennox — and over Gilla . . . nurias, an Irish king, and his bar- barians. That of Carlisle^ seems most strictly historical of all. The undated preliminary appeal to King Edward by the seven Earls of Scotland,^ will be remarked as being distinctly \M:itten in the interest of the Lord of Annandale, from whom, in Pal- grave's opinion, the very subservient letter to the King® probably emanated. Balliol has been singled out by common fame as more obsequious than the others, which pliancy is said to have gained him the Crown. But those who read the various instru- ments^° wiU probably be of opinion that all were alike prepared

1 No. 478. 7 p. 116.

2 Nos. 512, 513, 514, 515, 607, 608, 609. s j^Tq 455^ s Nos. 496, 499. » No. 481.

* No. 475. 10 Nos. 482, 483, 484, 485, 486, 488, 489,

« P. 113. 492, 497.

6 P. 114.

XX INTEODUCTIOK

1291. to accept Edward's decision, and receive the Crown at liis Edward I. hands, num )°' Besides the homages made to Edward as overlord on Holy-

well Haugh, on 13th June 1291/ by the Guardians and twenty- seven other Earls and Barons of Scotland, it was ordered by the Guardians that the same submission should be made by all, clerical and lay, who would have been bound to make it to a living King of Scotland.^ This was done, apparently to a limited ex- tent, for in the existing document,^ there are little more than two hundred names, made up of three bishops (Dunblane, Aber- deen, and Ross), twelve abbots and priors, the heads of the two military orders, three prioresses, and Maria Queen of Man, two earls (Stratherne and Ross), thirty-six barons and knights, eighty- two burgesses of Berwick with the mayor, and seventy of Perth. Among the claims of the Competitors,* there is a remarkable variation in that of John Comyn. In the Great Roll, he traced his descent from Betlioc, daughter and heir of Dovenald, son of Duncan, son of Crinan, i.e., Donald Bane King of Scotland, younger brother of Malcolm Canmore. In the original instru- ment here calendared, he traces it from Hextildis, daughter and heir of Gothrik, son and heir of the above Donald. The former of these genealogies is supported by a charter of Henry III. in 1261,® confirming to John Cumyn's father the extensive Tyne- dale lands which had been derived from Hextildis, his ancestress, wife of Richard Cumyn, and styled daughter of Huctred son of Waldef.^ This Huctred or Uctred (the same as Gothrik) appears as a great landowner in Northumberland in the Pipe Roll of Henry I.^ It does not seem to be known who he was, but as his father, Waldef or Walleof, must have been a contemporary of Donald Bane, the royal descent of Comyn must have been through the latter's daughter Bethoc, the mfe of Huctred.

It is unnecessary to pursue in detail the well known story of the proceedings which ended in the decision by the King of

iNo. 499. ^ Vol. i., No. 2287.

2 No. 508. ^ These, however, are said in that charter to

3 No. 508. have been the heritage of Huctred. ^ No. 507. 7 Vol. i.. No. 13.

INTEODUCTIOK xxi

England, on 17tli November 1292, in favour of Jolin Balliol as 1292-94 King of Scotland,^ the latter's subsequent fealty and homage,^ and Edward I. the instruments by his magnates and the official notary attesting B%mS) it.^ His first royal act was the release to Edward I., on 2nd January 1292-93,^ of all obligations undertaken by the latter to him or his people while Scotland was in his hands. All these were carefully deposited at Westminster on the 16th of the same month ,^ with a notarial protest by the King of England, reserving his full right to hear appeals from Scotland.

The new King soon learned that this was to be a very operative clause. In April he writes to his overlord, deprecating being summoned on the justice eyre in Yorkshire ; ® and though Edward freed him of the large sum of 3000/., due for the relief of his late mother's English lands, permitting the balance of less than 300?. to be paid by easy instalments,^ and made other conces- sions of a like nature, an instrument was taken as to his refusal of justice to a burgess of Berwick and Macduff of Fife,^ and he was summoned in person to answer at Westminster to the claim of the persevering Gascon merchant, John Masson, already noticed.^ Possibly to propitiate a powerful friend, we find him on 20th June 1294, giving the Bishop of Durham and his successors in the see, a considerable yearly revenue and church patronage in Tynedale, and a grant for Life of the entire Cumber- land manors belonging to the Scottish Crown. ^°

The Berwick burgesses made great complaints of English interference with their shipping,^^ which was supported by a letter from their King to Edward, 2nd July 1294.^^ Edward being on the point of war with France, summoned Balliol and eighteen of his magnates to join him WT.th their forces, in London on 1st September the same year.^^ Balliol having entered into negotia- tions with Philip IV.,^* evaded the demand, and Edward probably was not then prepared to enforce it. But Balliol may have sent

1 No. 649. 6 No. 668. " No. 696.

2 Nos. 650, 652, 653. ' No. 670. ^- No. 697.

3 Nos. 654, 655. ^ ^^^ ggO " j^q. 695.

4 Nos. 657, 658. ^ Nos. 685, 686. " Fcedera, i. 822.

5 No. 660. " Nos. 691, 692,

xxii INTRODUCTIOK

1294-96. to excuse himself, as on 23rd August 1295/ Edward wTites to Edward I. ^^^^ i^ I'^ply, by ' Henry of Aberdeen/ ^ Balliol's envoy, saying

BiUiol') ■^^ ^^^ committed his views to him vivd voce. This was soon followed, however, by the seizure of Balliol's and all other Scotsmen's lands in England, on 16th October,^ a step, doubtless, fully justified in Edward's eyes, by the subsequent discovery of the alliance between Balliol and Philip, dated 23rd of same month,* and by the letter from Balliol, at length goaded beyond endurance (without date, but evidently at the same period),^ in which he recites the injuries sustained by himself and his sub- jects, and renounces his allegiance, with the homage extorted by violence. The records contain but slight allusion® to the Scottish invasion of Cumberland by Balliol's army on 26th March 1296, under the Earl of Buclian, their repulse at Carlisle on the 28th, and their inroad into Northumberland on 8th April, when Hexham and Corbridge were burned and the country wasted.^ Early in February previous, Edward had summoned his forces to meet him at Newcastle-on-Tyne, and was on his way to Scotland,^ apparently reaching the borders by the end of that or beginning of next month. ^ Here he drew from the obscurity (j^erhaps the prison), where he had remained for upwards of fifty years, Thomas, the bastard son of Alan of Galloway, who had once been desired as their lord by the men of Galloway,^" rather than that their country should be parcelled out among the daughters of Alan. It is likely he had been kept by Balliol and his father, as a formidable rival, in honourable captivity, and Edward may have designed restoring him to his father's possessions, or the Balliol part of these, as he granted the Galwegians their old liberties at Thomas's instance, and likewise sent him to Carlisle castle to be near his country." We hear no more of him, and probably he did not long survive, for he must have been a man of great age. Another circumstance of some interest may also be here adverted to. The King of

1 No. 714. 7 Hemingburgh, ii. 101. No. 843.

' Probably Bishop Henry Cheyne. ^ jfog_ 726, 727.

' No. 718. 9 Nos. 728, 729.

* Nos. 719, 720, 721. i» Wyuto«Ti, ed. Laing, ii. 242.

= No. 722. 11 Nos. 728, 729.

6 No. 829.

INTEODUCTION. xxiii

England, who had reached ' Werk ' (which the editor takes to be 1296. Werk on Tweed) by the 17th March or sooner, must, to all Ed^i. appearance, have there received the homages rendered on the B/mon 14th of March by ninety Scottish landowners, headed by the Earl of Lennox.^ The year is not given, but as we find among them the name of Patrick de Graham, who fell at Dunbar on the 28th April 1296, we conclude that it must have been at this time. These persons probably foresaw the inevitable issue of the contest, and with one or two exceptions, none of their names occur in the list of the 130 prisoners taken at Dunbar and sent to Enghsh prisons.^ With the exception 'of this last-mentioned document, and several others of the same tenor, ^ a report on the damage done by the English army, which crossed the Tweed at Coldstream on 28th March, ^ and an order by the King at Ber- wick, on 2nd April, that Sir Eobert Clifford keep the Marches with 140 men-at-arms and 500 foot,^ we have no information here regarding the capture of Berwick and the battle of Dunbar. These must be learned from the chroniclers of the time, who relate the story mth various degrees of accuracy. A Placita roll of the army, which shows the strict discipline maintained,^ gives, in conjunction wdth the numerous homage deeds which now begin to appear, a pretty full itinerary of Edward I. in Scotland, from 21st March to 28th August 1296. These homage deeds, of which about seventy originals are still in exist- ence, more or less decayed, occasionally having the seal attached, begin with that of James the Steward of Scotland " at Koxburgh castle, on 13th May, followed by that of his brother John, two days after.® On referring to these and the others, in the text of Palgrave, it will be found that those who had rebelled, or were specially connected with Balliol, are made to abjure any allegi- ance to him; the others simply swear fealty to Edward as King of England.

The reign of Balliol was now over. On the 2nd July 1296

1 No. 730. * No. 733. ^ No. 737.

2 No. 742. » No. 734. » No. 740. s Nos. 743, 744. « No, 822.

xxiv INTRODUCTION.

1296. he granted under his Great Seal at Kyneardyn the instrument^ Edward I. Confessing his sins against his liege lord, and delivering up to Ballion ^^^^ ^^^ realm and people. "While Fordun/ on the authority of Baldred Bisset, the Scottish envoy at Rome, avers this to have been a forgery, there is no doubt of the genuineness of another instrument^ by which, on the 7th of the same month, Balliol, in the churchyard of Stracathro in Forfarshire, renounced his treaty with Philip, and three days later, in Brechin castle, resigned his realm, people, and royal seal, to the Bishop of Durham on behalf of Edward.* For ten years the unhappy realm was without a king ; though the successive Eegents, Wallace, Comyn, and others, professed to hold office on behalf of King John, in their correspondence with the French King.

The document ^ discovered under the title ' Gardroba. Inven- ' toria jocalium de diversis annis r. r. Edw.,' is of no little value, as being, so far as the editor recollects, the only direct evidence on record that, in addition to a number of jewels, relics, &c., found in Edinburgh castle, a great coffer and two small coffers, with divers writings and memoranda found there, were, on I7th September 1296, transferred from Berwick-on-Tweed to London, and deposited in the Warcbobe at Westminster. It may be fairly surmised that these comprised many, if not all, of the old Records of Scotland. The incident forms an appropriate close to the reign of Balliol.

In touching on the documents during this second Inter- regnum, probably the best known by name at least, is the cele- brated Ragman Roll,^ an invaluable record of the landowners of Scotland at a time for which no other data of equal value exist. There are three copies of it,'' from one of which (No. 88) Prynne printed copious extracts, not always correctly. The Banna- tyne Club, fifty years ago, printed (the editor thinks) from the

1 No. 754. 5 i^To_ 840.

2 Fordun, ed. Goodall, ii. 218. « No. 823.

3 No. 821. 7 ]S[os. 88, 89, and 90 of the Toivcr Misccl- ■* The iustrument of 2nd Jul}' is not recorded laneous Rolls, all in the handwriting of

on the Ragman Eoll; while that of 7-lOth July Andrew de Tang, is there at full length. This tends to strengthen the suspicion against the former document.

INTRODUCTION. xxv

same Eoll as Prynne, giving also the limited homages of 1291, 1296. already referred to.^ Edward I.

In this document there are recorded, first, the several homages ^ num.)^" by the bishops, barons, and chief men of Scotland, made during King Edward's northern progress after Dunbar ; and secondly, the more universal homages made at the Parliament of Berwick-on-Tweed on 28th August the same year, when all these persons took the oaths again, with the addition of the dignified churchmen, the earls, barons, knights, burgesses, and whole community of Scotland. From the extreme north of Scotland to the Rhinns of Galloway in the south, and from the Western Isles to the Lothians, the landowners of Scotland, great and small, were summoned. There are, allowing for duplicates, nearly two thousand names enrolled ; and, as the counties to which they belonged are generally referred to with much care, it is sometimes possible, notwithstanding the anti- quated forms under which they appear, to identify the names with those of still existing places or families. It would occupy too much space to consider it from all its points of view ; but it may be observed that some names are repeated more than once, and others omitted. Notably among these last are the Bishops of St Andrews and Dunkeld, and Sir John de Soulis, three of the four Commissioners who negotiated the treaty between Balliol and Philip of France.^ Bishop Fraser probably felt that this was too serious an ofience to be lightly passed over by Edward, and remained in France, where he died next year.^ Nor are the Bishops of Moray, Brechin, or Dunblane to be found.* The name of Simon Fraser will be looked for in vain, though he swore fealty at a later date, 13th October, the same year,^ and, on 28th May 1297, came under a very solemn oath, under the guarantee of his cousin. Sir Richard Fraser, in Edward's own presence at Bramber in Sussex.'' He served under Edward's banners in Flanders,^ to that King's great pleasure,^ and after serving him

1 No. 508. Prynne's work is very scarce, * Caithness and Ross were then vacant.

and the Bannatyne edition of the Ragman ''No. 849.

Roll consisted of a very small impression. " No. 885.

3 Fcedcra, i. 830. '' No. 952.

3 On 20thAugnst 1297. Keith's Scottish BisJwps. - No. 980. .

VOL. II, C

xxvi mTEODUCTIOK

1296-97. with more or less constancy for some years, he revolted in 1302, Edward I. again came to peace with Comyn, but revolting, finally, with numO^" *^^ "^^^^ ^^ Carrick, was executed not long after Wallace. Eobert de Keith, too, is not to be found, who, we shortly learn,^ was accounted so dangerous a foe, that Edward sent him from Carlisle castle far into the interior of England ; and yet afterwards Keith became and remained one of his firmest adherents. Such anomalies meet the reader at every step through these records. One bright exception is the patriot Wallace. Though there are three Waleyses of Ayrshire on the Eoll, his name is not there, and there can be no doubt of the fact that, as he said on his trial, he was never a liegeman of England.

Thus, though this Eoll is not printed for the first time, there is much to be found in it by those who study it in conjunction with other documents in the Calendar. In addition it may also be here pointed out, that, as all the homage seals now remaining in the Chapter House are for the first time systematically described in their actual state, whether still on the deeds or detached, and are often grouped together by the original strings, this affords a new means of identifying, with more or less accuracy, probably not far from one-third of the parties to the . original homages. This will be dealt with a little more fully as we proceed.

The tranquillity of the country did not last long. The mere fact that besides the three high offices of Governor, Treasurer, and Justiciar, many others were filled by Englishmen, could not fail to be irritating to an independent people. The writ of 31st January 1296-97,^ ordering the Governor to forbid anyone to leave the kingdom, points at disturbances, possibly those in which Wallace first came under the notice of the authorities ; and the messages from the King of England to nearly sixty Scottish earls and barons, both north and south of Perth, on 24th May 1297,^ to be communicated to them vivd voce by

1 Nos. 1U7, Ills. 2 No. 871. 3 ^o. 884.

INTEODUCTION. xxvii

Cressingliam and another official, probably related to securing tbe 1296-97. peace while he was absent in Flanders, whither he went late in Edward I. August the same year. To the like effect were the ample powers n^um.^f' entrusted to Henry de Percy and Eobert de Clifford, about June of that year,^ and his thanks to several Galloway magnates for their good offices about the same time.^ The editor cannot, from the records, give any new evidence as to the incidents in Wallace's career which led to the armed rising that ended in the Scottish victory at Falkirk, or verify the romantic stories related by Henry the Minstrel, with one exception — the slaughter of the sheriff of Lanark. The Chronicle of Lanercost^ distinctly attributes the origin of the rising to the Bishop of Glasgow and the Steward. The fact that the sheriff of Lanark was killed during this period, appears incidentally in an inquiry made about Michaelmas 1304,* as to money in the official custody of the late Hugh de Cressingham, which had gone amissing after his death at Stirling, and had been, it was stated, placed in Werkworth castle in August before his death for fear of the Scots, ' who had begun to rise against the King * [of England], and had killed the sheriff of Lanark.' ^ His name is not given, and so must be looked for elsewhere. Andrew de Livingstone was sheriff of Lanark for the year 1296, when he accounts for 80^. of its issues.^ The same Andrew, as a Lanark- shire freeholder, appears on the Kagman Eoll, and in May 1297, he is among the barons south of Forth to whom Edward I. sent a verbal message. ^ From this date he occurs no more — and as the insurrection must have come to a head about this time, the probability is that he met his death attempting to put it down at Lanark. ^ At any rate, Sir Andrew (who was ancestor of the

^ No. 887. however, like a Scottish territorial designation,

' No. 894. and as the Livingstones possessed Mousebriggs

3 P. 190. and other lands near Lanark, Andrew may,

* No. 1597. after all, be the person intended by the Min-

^ P. 418. strel. The editor is aware that Fordun calls

"P. 264. him William de Hesliope, 'Anglicus,' and that

'■ No. 884. in a MS. {Add. MSS. Brit. Mus. 8S35, fol. 42),

8 So far as they have been examined hither- cited by Mr Stevenson, in Documents illustra-

to, no name resembling the ' Heselrig ' whom live of Sir William Wallccce, his life and

Blind Harry calls sheriff of Lanark, has been times, 1841 (Maitland Club), he is called

discovered in the Endish records. It sounds, William de Hesebregg. But Fordun wrote

XXVlll

INTEODUCTION.

1296-97. Earls of Linlithgow and Calendar) and another Livingstone, Sir Edward I. Archibald, who was sheriff of Stirling and Linlithgow and held num.)" other offices, along with Sir Alexander de Abernethy, were steady partisans of Edward L

The energetic measures of Percy and Clifford soon brought the Bishop of Glasgow and other magnates to terms. -^ These were the Earl of Carrick, the Steward, John his brother, Alex- ander de Lindsay, and William de Douglas ; and the Earl agreed, under security, to deliver his young daughter Marjory as a hostage for his loyalty. "Wallace, however, declined to submit, and with his adherents retired to Selkirk forest, as we learn from a letter of Cressingham to the King, written from Bermck on 23rd August.^ Douglas was put in irons in Berwick castle, the reason assigned being that he had not fulfilled his agreement.^ He was never liberated, but was soon transferred to the Tower.* He was alive there on 6th November,^ but must have died shortly before 20th January 1298-99, when his widow has a writ for the dower lands of her first husband,^ which had been seized along with those of Douglas.

The state of Scotland, though unsettled, cannot have been thought dangerous in the summer of 1297, as Edward left for Flanders in August, taking with him many of the barons and knights of Scotland, who had been released from prison on condition of serving against France.^ But there is no doubt there were disturbances in the far north, in the districts of Moray and Eoss, set on foot or fomented by Andrew de Moray, in May, who shortly afterwards joined his forces to Wallace and fell at the battle of Stirling. So much is leaxned from several letters to the English King in July of this year,® written

nearly a century after this time, and the i At Irvine, in Ayrshire, 7th July 1297. document cited by Mr Stevenson is only a Nos. 907, 908, 909, 910. modem copy, of one of the Cotton MSS. 2 jj^q^ gig.

which was destroyed in the fire of 1731. The writer of the original, which was a register of events by some officer of the city of London (and a very curious document), was probably not conversant with Scottish surnames— or the copyist may have misread the name as

3 Nos. 918, 919. * No. 957.

5 No. 960.

6 Nos, 1054, 1055.

" Nos. 937, 939, 940, 942, 944, 948, 952. 8 Nos. 917, 920, 921, 922, 923, 924, 931,

he has some others. This MS. has been lately 932. The most interesting of these are per- printed in vol. i. of Chronicles of the Keigns haps the two from the Constable of Urquhart of Edw. I. and Edw. II. (Rolls series.) castle.

INTRODUOTIOK xxix

by the Bishop of Aberdeen, the Earls of Buchan, Mar, and 1297-98. Strathearn, Sir Gartnet of Mar, and Sir Eeginald le Chen, who Edward i. were all actively engaged in his service at the time. (Wallace.)

A historical error seems to have been committed regarding this Andrew de Moray, and as one of the bearers of this name was a distinguished man, and died Eegent of Scotland for David 11. , the present is an opportunity for setting it right. Lord Hailes, — then, of course, without the full information from records that is now before us, — whom all others have followed, calls his father ' Sir * Andrew Moray of Bothwell,' and ' the only baron who adhered ' to Wallace ' ; and says that after his fall at Stirling, \yallace ' took as his partner in command the young Sir Andrew Moray ' his son. Now, though of the same stock, neither of them was 'baron of Bothwell' in 1297. The then titular lord of Bothwell (for Edward had confiscated the barony) was Sir William de Moray, who swore fealty, 28th August 1296,^ along with twenty-one of the greatest magnates, immediately after the churchmen.

He was the heir of Walter de Moray, lord of Bothwell in the time of Alexander III., and the manor of Lilleford, in Lincolnshire, belonged to them.^ He appears to have been compelled to live in England, in Lincolnshire, and in poverty, deprived of his great estates, as shewn by Edward's order on Exchequer,^ that sustenance be allowed him, under which he receives 25l. from the sheriff at Michaelmas 1299 ; and he died, probably in England, before 10th November 1300.^

Sir Andrew de Moray ' knight,' and his son Andrew de Moray 'esquire,' were both made prisoners at Dunbar in 1296. The knight was sent to the Tower, and the esquire to Chester castle, on 16th May 1296.^ The latter had either been ransomed or escaped to the north, but the father was certainly still a prisoner in the Tower when the battle of Stirling was fought.^

^ Bagman Roll, p. 196. He had formerly - No. 725.

done so as Sir William de Moravia ' the rich,' ' No. 1053.

in 1291 (p. 125), an epithet given, the editor * No. 1178, Iim. p. m.

believes, to distinguish him from the three ® No. 742.

other Sir Williams, of Drumsargard, Sand- ^ No. 960. ford, and Tullibardine.

XXX INTRODUCTION.

1297-98. His son Andrew had a conduct to visit him on 28th August Edward I. ^^^^^ year/ which he cannot possibly have used, as he, not his Gmrdkn) ^^^^^^'j ^^^ undoubtedly killed fourteen days afterwards at Stirling. His father must have died between 6th November 1297 and 28th November 1300, still a prisoner. These two Andrews, father and son, being thus accounted for, who was the Sir Andrew de Moray of BothweU, brother-in-law of King Eobert Bruce, and Eegent of Scotland ? He was the son of the younger Andrew de Moray, killed at Stirling. This is made clear by the inquisition post mortem^^ already referred to, taken on the death of Sir William de Moray (evidently of Bothwell), whose heir in some lands in Berwickshire, held of the Earl of March,^ is found to be a child named Andrew ' son of Andrew ' de Moray, slain at Stirling against the King,' who was son of the late Sir Andrew de Moray ; further, that this boy was two years old at the last Pentecost, i.e., born about Pentecost 1298, rather more than eight months after his father's death. What the precise relationship between this boy and the head of the house was, is not stated, but it is clear he was the only Andrew living in 1300, and the nearest heir. If so, the Kegent was a man of only forty years of age at his death in 1338, instead of the veteran approaching seventy, as hitherto supposed, and his wife. Christian Bruce, was much older than himself. In fact, her son Donald earl of Mar, the Regent who fell at Dupplin in 1332, must have been older than his step-father Moray.*

^ No, 961. addressed to the mayors and commons of

2 No. 1178. Liibeck and Hamburg on 11th October 1297,

3 Whereby they had escaped confiscation dated at ' Hadsington ' in Scotland, respecting with the barony of Bothwell. freedom of trade between these towns, and

* It is seldom that dates so exact can be got Scotland now delivered from the English. This

at so remote a period. This discovery will was first printed by Lappenberg in his edition

also explain why he never appears till late in of Sartorius's Urkundliche GcschicMe des Ur-

the reign of Eobert I. Had he been the com- sprimgesder deutschen Hanse{Kaja\:)UXg,\%Z()),

rade of Wallace, he would have been senior to ii. 188, and also by Mr Stevenson, in the

Douglas and Randolph, and at least equally Wallace documents (already cited), p. 159,

entitled to take a leading share in the councils with a facsimile from the archives of Liibeck.

of his country. Whereas he only became pro- The other is the protection cited by Heming-

minent on the death of these eminent men. burgh vol. ii. p. 144, granted by Moray and

It is true that two documents may be cited to Wallace to Hexham, dated 7th November

prove that an Andrew de Moray was alive 1297. This we only know from his pages, the

after the battle of Stirling. The first of these original being non-existent. Besides, in one

is a letter by Andrew de Moray and William MS. of Heniingburgh, Moray is called ' Alex-

le Waleys, leaders of the armies of Scotland, 'ander.' The statements of the inquisition

INTRODUCTION. xxxi

There is little in the Records touching the English defeat at i29V-98. Stirling bridge. A writ issued in the name of the English King Ed^J^ i. by the Prince of Wales on September 1 2th, when the result was (Wallace, of course unknown/ orders the Earl of Surrey, who had been superseded by Brian fitz Alan as governor before the King left England,^ to remain till the country was settled. Another on 24th September, repeated the command, and ordered the sheriff of York and thirteen northern barons to join Surrey with their forces instead of coming to London.^ Surrey had by this time retreated as far as York,^ and the whole of the border counties, as far as Newcastle on the east, and Carlisle on the west, were over- run by the successful Scots,^ though they were repulsed before these fortified towns. The burgesses of Roxburgh relate in their petition to Edward how they were surprised and only escaped with their lives. ^ An irregular force, however, like that under Wallace, could not long maintain the ofi'ensive, and as Edward was known to be on his way back to England, and reinforcements had been ordered^ to the number of about 30,000 foot, besides the military tenants, confidence was restored, and the Earl of Surrey is found again at Roxburgh on 16th February 1297-98,^ the King of England also issuing a writ on the 17th March^ from Canterbury, three days after landing, thanking his forces in Scot- land for their good services, and saying he was hastening to join them.

After his victory at Falkirk on 22d July 1298, organised resistance being at an end, the King of England, having established a garrison in Stirling castle,^° departed by the western Marches. While at Stirling, and afterwards at Carlisle and other places on the March (which he traversed leisurely during

post-mortem are, however, precise, and cannot ^ No. 941,

be traversed : — Et dicunt quod Andreas de ^ No. 946.

Morrevia, 'interfectus apud Strivelyn contra ^ No. 947.

'Dominum Regem,' filius quondam Domini ^ Nos. 954, 971, 1021.

Andree de Morravia, habuit quemdam filium ^ No. 958.

legitime procreatum qui commoratur in Mor- ^ Nos. 956, 984.

ravia inter inimicos Domini Regis, cuius nomen ^ No. 973.

est Andreas ut credunt. Est propinquior * No. 974.

heres eius. Et fuit etatis duorum annorum ^^ No. 1002. Lord Hailes states that the

ad Penthecostem anno r. r. E. xxviii. castle, as well as the town, was burned by tlio

^ No. 945. Scots on their retreat. {Annals, sub. anno. )

xxxii INTEODUCTIOK

1298-99. September and October, by Jedburgh and Werk to Berwick),^ Edward I. be bestowed various Scottish livings, chiefly in the dioceses of Andrews ^^ Andrews and Glasgow, on English clerks. He remained at Earl of Newcastle-on-Tyne during November, and both while there, and John Comyn previously, gave directions as to the munitions and garrison of Guardians.) Edinburgh, Berwick, and the castles on the Marches.^ Provision was also made for forays from the difi'erent garrisons to keep down the Scots ;^ prominent among those engaged being Sir Simon Eraser, whom Edward styles " his friend and liege." His hereditary lands were formally restored to him in March follow- ing^ by Edward's special grace. In December 1298, an advance of three months' pay was made to the Earl of Surrey, four other Earls, and Henry Percy, for an expedition into Scotland with .500 heavy horse,^ and about the same time, foot to the number of 8000, were ordered to be provided by the Earl of Carrick and some Galloway chiefs, and the northern and midland counties of Eno'land.*'

The year 1299 opens with a permission by Edward to negotiate the exchange of ten prisoners of rank with the Scots,' for an equal number in England. These are probably the prisoners alluded to in the letter to Edward from his constable of Eoxburgh castle on 20th August that year,^ which relates the curious story, learned by his spy, of the quarrels among the nobles at the election of the Bishop of St Andrews, the Earl of Carrick, and John Comyn as Guardians, at Peebles a day or two before. The Scots patriots were now raising their heads again, and were negotiating with Philip of France, who seems to have been desir- ous, despite Edward's positive refusal, to include them as his allies in the truce of June 1298.^ Edward made strenuous efibrts to apprehend the Scottish envoys on their return voyage,^*^ with- out success.

The late King of Scotland was delivered to the Papal envoy

1 Nos. 998, 1000, 1008, 1013, 1017. « No. 1049.

2 Nos. 1014, 1015, 1016, 1018, 1019, 1022, ^ j^o. 1062. 1025, 1026, 1028. « No. 1978.

s Nos. 1032, 1034, 1036. s Nos. 990, 993.

4 No. 1061. , io]^o 1071.

5 No. 1044.

INTRODUCTION. xxxiii

at Wissant in France, on the IStli July, by the constable of 1299-1300. Dover, who took a formal receipt for his person.^ He had been Edward I. brought a few days before from the Tower to Edward at Canter- ^^itS^ews,^' bury, under a very meagre escort.^ ^^^\ 9^

Though Edward, on 1 8th September, ordered a levy of John Comyn

i-xT junior,

16,000 loot to assemble at Newcastle-on-Tyne by 24th Novem- Guardians.) ber, for a Scottish invasion,^ his barons refused to advance ; and though he postponed the muster till 13th December at Berwick,* he was obliged to desist from his intention, and leave the castle of Stirling, then besieged by the three Guardians,^ to its fate. It surrendered shortly after, with its garrison of ninety men,^ after enduring considerable privations.^ The English forces at this time held no part of Scotland beyond the Forth ; and even in the south the castles of Bothwcll and Carlaverock were held by the Scots. ^ In the second of the documents last referred to, the constable of Lochmaben tells the King of England that he had secured the head of Robert de Coningham constable of Carlaverock, and set it up on the keep of his fortress. The slain man was a nephew of the Steward of Scotland. This shews the ferocity of these Border forays into which the war had degenerated. An undated document^ assigned to this period must be placed one, perhaps two years later.

Early in 1300, Edward gave large orders for provisions to be forwarded from England and Ireland, to Berwick and Skinburness near Carlisle, by Midsummer, and h&,ving ordered 16,000 foot to muster at Carlisle, joined them with his son and his barons, and after taking Carlaverock castle,^" marched through the borders of Galloway, reducing it to partial submission." He remained during the autumn months at Carlisle and the castle of La Rose,^^ staying a week at Dumfries (October 23-30),

1^08.1079,1080. 'The Siege of Carlaverock,' edited by Sir

2 No. 1072. Harris Nicholas in 1828, gives no precise

3 No. 1092. account of the numbers of the besieging army. * No. 1111. There are 87 banners named, each having 5 No. 1109. of course, a certain number of men-at-arms. 8 No. 1119. The poet gives 3000 as the number of these, ^ No. 1949. but takes no account of the foot,

8 Nos. 1093, 1101. " Nos. 1147, 1148, 1149, 1150, 1151.

« No. 1121. 1- Nos. 1153, 1155, 1161, 1168, 1172.

1" Nos. 1145, 1146. The interesting poem

xxxiv INTRODUCTION.

1301. where lie ratified the truce granted to the Scots at the mediation

Edward I. of France, till Pentecost 1301.^ The documents (the first of

Aiid?ews, which is unfortunately mutilated)^ shew that there was a force

(Srick^ of 100 horse and 300 foot in the English 'pale,' as it may be

John Comyn called, Under the warden, and also indicate the limits of the

junior,

Guardians.) district. In the north the English held Edinburgh, Linlithgow, Stirling, and Kirkintilloch castles as an outer line, with Both- well to command Clydesdale. On the east, Diiieton, Dunbar, and Berwick-on-Tweed. Along the Border, Eoxburgh, Jedburgh, Hermitage-Soules, and Lydel ; Lochmaben, to command Anuan- dale, with Dumfries, Carlaverock, Dalswynton, and Tibbers for Nithsdale, and the outlying post of Botel in Kirkcudbright for Galloway. By a return in February preceding,^ the garrison of Edinburgh numbered 347 of all ranks with 157 horses. The castle and county of Dumfries, with Lochmaben, and Annandale, were held by 70 men-at-arms, and 200 foot.* Berwick-on-Tweed was held by 30 men-at-arms and 200 foot^ ; and Jedburgh and Eox- burgh by 30 men-at-arms and 130 foot.*' Hermitage and the Mote of Lydel were in the hands of Sir Simon de Lindesay, with what number of men is not stated.^ In a roll for the last month of the year,^ we learn that Carlisle was besieged by the Scots for a month in November and December 1297, after the victory of Stirling; and also between 20th July and 2nd August 1298 ; which latter attack shews perhaps an attempted diversion in favour of Wallace and his army, who were being crushed at Falkirk. Twenty-one unfortunate Galwegians had been placed by Surrey in Carlisle castle in 1297 as hostages, ten of whom had died, and the others were still there. The letter from Philip of France, bespeaking the Pope's favour for Sir William Wallace, was probably written, either in this or the end of the previous year.^

The truce having come to its natural termination at Pente-

1 Nos. 1163, WCA. « Nos. 1172, 1174.

2 Nos. 1164, 1165. 7 No. 1173.

3 No. 1132. » No. 1179.

4 No. 1170. " No. 1184. E No. 1171.

INTEODUCTION. xxxv

cost 1301/ and the attempts of the French to renew it having i30i.

failed, to Edward's evident satisfaction,^ the barons having also Edward I.

supported him in the celebrated letter from Lincoln, in which ^^j^^^dr ^^ ^^

they denied the Pope's jurisdiction in temporal matters, and his ^^^\ ^^

power to decide as to the rights of the King of England over John Comyn

. Scotland,^ he made ready for another campaign. He ordered the Guardians.)

Northumbrians to be on the alert against the enemy,^ and levies

of 12,000 foot to meet him at Berwick-on-Tweed at Midsummer.^

The Prince of Wales being now sixteen years old, his father

resolved to give him an independent command, and ordered the

Earls of Lincoln, Lancaster, Gloucester, and Arundel, and twenty

other barons and knights, to meet the Prince at Carlisle with

their forces, on the above day, ' that the chief honour of taming

the pride of the Scots ' (so the writ runs), might accrue to the

young leader.^ Great provision of victual was also made from

England, Wales, and L^eland, to be brought to Berwick, Carlisle,

and the Isle of Arran in Scotland.^ The two armies entered

Scotland shortly after Midsummer, the Prince's force marching

by Dumfries ^ into Galloway, where he made or was rejDorted to

have made, in September, a pilgrimage to the shrine of St Ninian

at Whithorn.^ Though preparations were made for him at Ayr

and Turnbery castle, and he had proceeded as far as the water

of Cree, where he was on the 1st and 2nd October,^" he had

returned to Carlisle by the 5th, ^^ remaining there till towards

the end of the month ;"^ and we hear no more of him till he is

found with his father in Linlithgow on 30th December. ^^ The

reason for his force not proceeding into Ayrshire was the very

unsettled state of the district, as we shall presently see. Turning

to the King's division of the army, there are much more definite

data as to its number and movements on the original Pay Eoll.^^

^ No. 1194. ing St Niiiian's image to New Abbey, and its

2 No. 1198. miraculous return the same niglit to Whit-

3 No. 1188. horn, No. 1225. This Saint's day, it maybe * No. 1194. observed, is 16th September.

5 No. 1202. " Nos. 1233, 1235.

6 No. 1191. " No. 1239.

7 Nos. 1192, 1193. ^- Nos. 1242, 1248, 1249.

8 No. 1212, 1224. " No. 1270.

9 See the letter of the sheriff of Peebles to " No. 1229. Edward I., with its account of the Scots remov-

xxxvi INTEODUCTION.

1301. There were about 6800 foot, and a troop of about forty hobelars

Edward I. and foresters from Koxburo^h and Selkirk. They were paid at

Andrews, Berwick, on 12th and 14th July; at Selkirk, on 25th ; at Peebles,

Srrick ^^ ^^^ August; at Cambusnethan, on 18th August; at Both well,

John Comyn q-^ g^jj September; and at Dunipace, on 29th. Their route is

junior, ■"■ ^

Guardians.) thus clearly marked, up the valley of the Tweed to Peebles, then across Tweed and up Lyne water towards Carstairs and the valley of Clyde, passing near Biggar, perhaps halting there on the march. ^ The cavalry force is also given on a horse roll for the same expedition.^ On his march Edward granted a charter (at Peebles on 10th August)^ of the late Sir William de Moray's barony of Both well, &c., to Aymar de Valence, though the castle was then in the enemy's hands. He must have received several disturbing pieces of news in his progress. The warden of Lochmaben castle, writing on lOtli September, reported his repulse of an attack on that fortress l)y a strong Scottish force, under Sir John de Soulis and Sir Ingram de Umfraville ; * and three days later, the constable of Roxburgh gave him further news of this same army.^ On the 14th of the same month a serious mutiny in the garrison of Berwick-on-Tweed, owing to the men being in arrear of pay, was reported to him by its constable, and though it was put down, from the lucky chance of the money arriving, yet the leaders concerned were dissatisfied at the distribution.^ A dispute between his lieutenants in Rox- burgh, as to the division of booty taken from a band of robbers there, was also referred to his decision.'' And finally, a letter written on 3rd October, from the constable of Ayr, reporting an attack by the Scottish force in great strength, on Turnbery and Ayr castles,^ must have caused him anxiety for the division under his son. With considerable strategy the Scots had got into his rear, and from their retreat in the mountainous district

1 Traditions of this march must have lingered of the year 1301, as its entries begin 28th July among the Clydesdale peasantry, and not un- 1301, and end February 1301-2.

likely gave rise to Blind Harry's wild romance ^ No. 1214. of the battle of Biggar. * No. 1220.

2 No. 1190. This document is inadvertently » jq-g. i221. placed too early in the Calendar. It should ^ No. 1223.

have been j)lacedatthe end, not the beginnirjg ^ Nos. 1226, 1227. * No. 123C.

INTRODUCTION. xxxvii

lying between the head of Nithsdale, Kirkcudbright, and Carrick, 1301-2. were endeavouring to separate the two English armies. But the Edward I. Ayrshire garrisons maintained their ground/ and Edward after ^"^Andrews^* visiting Glasgow,^ where iron and coal were bought,^ and takino- Earl of

■r, . Carnck,

Bothwell Castle early in September,^ prepared to secure his hold John Comyn on the country by wintering at Linlithgow. A letter from an GuardTans.) official at Roxburgh, shews the forces keeping Selkirk Forest, and their arrangements for watching the Scots in Galloway, as well as the urgent need of money. ^ A carefully drawn up statement^ shews the numbers of the English army with the King in Scotland on 8th October, exclusive of the Prince's division, their daily, weekly, and yearly pay, and the like details of five castles (that of Carstairs now first noticed) and the forest of Selkirk.

From Linlithgow, in November,'' Edward ordered additional stores from Ireland to be delivered at Skynburness and Ayr for the Prince, and to supply Lochmaben and Dumfries. He also built a house for himself at Linlithgow;^ and had large quanti- ties of hay shipped at Newcastle for the port of Blackness on the Forth.^ Additional levies of 4900 foot were ordered to march for Linlithgow on New Year's day ; ^^ but, by a later writ,^^ they were reduced to 1400. He received a New Year's gift from the Queen by the hands of Sir Aymar de Valence, ^^ and on 26 th January ratified another truce with the Scots till St Andrew's day the same year, obtained at the mediation of France. ^^

About the beginning of February 1301-2, Edward set out for England, and on the 12th was at Roxburgh castle, where, under his own eye, indentures were executed by the wardens of Edin- burgh, Roxburgh, Berwick, Jedworth, Linlithgow, Bothwell, and Ayr, for the keeping of these places till Pentecost.^* Sir

1 No. 1293. " No. 1261.

2 Nos. 1216, 1217. " No. 1267.

3 No. 1271. 12 No. 1280.

* No. 1235. 13 Nos. 1282, 1284, 1285. The ratification,

^ No. 1230. however, expressly declares that the King does

^ No. 1241. not recognise John Balliol or the Scots as

^ No. 1260. allies of France.

» No. 1262. " No. 1286. ^ Nos. 1264, 1266.

xxxviii INTEODUCTIOK

1301-2. Alexander de Balliol of Cavers undertook the forest of Selkirk Edward I. witli thirty men-at-arms, binding himself to find 600 foot on four Andrews days', and 1000 on eight days', notice^ for its defence. He was Sick entrusted also with the building of the new pele of Selkirk,^ for John Comyn losing which, a year later, he afterwards got into temporary dis- Guardians.) grace with Edward.^ Sir John ntz Marmaduk, with twenty men- at-arms, had charge of Renfrewshire (or Strathgryfe, as it was then called) till Easter.^ The Earl of Ulster, and other Irish magnates were warned to provide 500 heavy cavalry, 1000 hobelars, and 10,000 foot for the Scottish war.^

Although the Earl of Carrick was still one of the Guardians in name, a Galloway homicide is pardoned by Edward on 16th February at his request ; ® and by the end of April following he had, with some of his Carrick tenants, been received to peace/ In singular contrast to his actual position, the letter of King Philip, addressed to him and John Comyn junior, as * Guardians ' of Scotland for King John,' dated 6th April 1302,^ will be read. In it Philip encourages the Scots in their resistance to Edward, and hints that he is devising means to help them, but for safety prudently commits further details to the bearer, William, bishop of St Andrews, their feUow Guardian.

The year 1302 seems to have been, on the whole, inactive. The English retained the various fortresses and districts already stated as being in their hands. Particular details are given of the constables and garrisons of these and their other munitions till Christmas,^ and we see the progress of the new works at the peles of Linlithgow and Selkirk. On 4th August Edward granted a charter of privileges to Berwick-on-Tweed.^° And on 15th of that month six Scotsmen were allowed to go as envoys to France with the French Ambassadors." A truce till Easter 1303, was concluded on 25th November, with France,^^ but it appears that the Scots were not included.

1 No. 1287. 8 N-o_ 1301. No doubt seized when the

- No. 1288. Bishop of St Andrews was captured, some

3 Nos. 1344, 1349. years later.

•* No. 1290. « Nos. 1317, 1321, 1324.

= No. 1295. 10 Nos 1314^ 1315_

" No. 1291. 11 No. 1331.

7 Nos. 1302, 1303. '= No. 1333.

INTEODUCTION. xxxix

With the New Year of 1302-3 the Scots again took arms, 1302-3. and invaded the English possessions/ Comyn the Guardian had Edward I. been joined by Sir Simon Fraser about August preceding.^ The ^^^^nSews^*^ battle of Eoslin, on 24th February, in which they defeated Sir J^iin Comyn

junior,

John de Segrave, receives little notice in the Kecords.^ Guardians.)

Edward, being now disengaged from foreign wars, bent his whole force to subdue Scotland. On 9th April 1303, 9500 foot were ordered to muster at Eoxburgh by 12th May, from York, Nottingham, Derby, Lancaster, Westmoreland, Cumberland, Durham, and Northumberland.* Besides these the Earl of Carrick was requested to bring men-at-arms, and 1000 foot of Carrick and GaUoway, and Sir Richard Siward 300 foot of Nithsdale.^ The pay roll of this army for both years, 1303 and 1304,^ supplies data for approximately estimating its numbers. The levies ordered from Ireland have been already referred to.' Two fortified wooden bridges had been constructed under the King's direction at Lynn Regis, at great cost, for the passage of the army across the Forth, and were shipped for Scotland under escort of a fleet of thirty vessels in May ^ ; and engines of war, stores, &c., had been despatched to the north. ^ In the face of these formidable preparations, the Scottish envoys maintained their negotiations in France, though duped by Philip's fair words, and on 25th May wrote to Comyn, en- couraging him and the community to strenuous resistance. ^"^

Edward and his army reached Perth by the 11th June." While there, the Scots (of GaUoway probably), broke into Annan- dale and the Marches of Cumberland with a strong force, and the array of the latter county and Westmoreland, with a force drawn

^ Nos. 1341, 1342. Ulster did not exceed 500 men of all ranks,

2 No. 1317. Without notice, it appears, except for a few weeks in July, when nearly

for he carried off the horses and armour of a 3500 Irishmen were paid whUe awaiting a fair

comrade at Werk Castle, who had an allow- wind to Ireland. Of these 2600, or more,

ance from Edward I. to replace them. were foot, 500 hobelars, and 300 knights and

^ No. 1347. esquires. Sir Nigel Cambel was one of the

* No. 1351. earl's knights in the early part of that year.

5 No. 1356, =* No. 1375.

« No. 1599. » Nos. 1366, 1369, 1370, 1371, 1372, 1373,

^ It appears from a Wardrobe book of this 1377, &c.

year, 32 Edward I. {Add. MSS. Brit. Mus., lo No. 1363.

8835), that the contingent under the Earl of ^^ No. 1368.

xl INTEODUCTION.

1303-4. from both sides of the Marches, was summoned to repress

Edward I. them/

Andrews * The Earl of Carrick was at this time in English pay and asso- Johp Comyn ^i^ted with the English warden of Annandale.^ He also held the

jumor, ^

Guardians.) office of sheriff of Lanark,^ and a little later (9th January 1303-4), was in command of the English garrison of Ayr.* The chief event of this year was the capture of Brechin castle about the beginning of August,^ to which there are only some incidental references, shewing the Prince of Wales' presence there, ^ and that Edward brought his engines by sea to Montrose ^ and stripped the lead off the cathedral of Brechin for them, but afterwards restored it ; ^ and after marching his forces as far as Kinloss in Moray, from which he turned back on 10th October,^ reached Dunfermline soon after, where he spent the winter. Here he was joined by the Queen, who came by Tynemouth, where she stayed probably from the end of June till 26tli September,^*^ reaching Norham castle by the middle of November. ^^ Though New Years' gifts by her Majesty and the Countess of Holland are recorded as presented to the King at Dunfermline, on 1st January 1303-4,^^ she cannot have arrived there till the 18th or 19th January, as she only started from Berwick on the morrow of Hilary. ^^

The Household EoU of the Prince of Wales for this entire year ^* contains many entries of interest. The imposing array of clothes, armour, and other effects with which he took the field ; his losses at dice, considerably exceeding the value of his library ^^ or his oblations at Mass ; ^^ his gifts to those who amused him or suffered from his jokes ; " his present of an Arts' gown to a successful tilter ; ^^ and the costly cope presented by him to a Spanish Cardinal ; all contributed to swell the sum total for the year of 5653?. 35. 5|d

1 No. 1374. 10 Nos. 137C, 1380, 1381, 1394, 1398.

2 No. 1385. " Nos. 1411, 1414.

3 No. 1420. 12 2^o_ i434_ •» No. 1437. 13 No. 1438. 5 No. 1434. 1* No. 1413. « Pp. 366, 36S. IS P. 368.

7 No. 1386 i« P. 364.

8 No. 1687. " P. 369. "No. 1401. '^^ Ibid.

INTEODUCTIOK

xli

junior, Guardians.)

William earl of Ross, a prisoner in the Tower since 1296, 1303-4. was released in September tins year.^ The details of his escort Ed^^i i. and journey of eighteen days to Berwick-on-Tweed, and of the ^^And?ews^^ cost of his armour, give an illustration of the manners and "^^^^ ^.*^^^^y" customs of the times. ^

Though in winter quarters, the King of England did not encourage idleness. He ordered carpenters and other workmen to be sought for in the Lothians, and sent to Dunfermline to prepare for his intended siege of Stirling,^ the last remaining stronghold in native hands. To harass those Scots who kept the field, he sent a cavalry expedition across the Forth to the neighbourhood of Stirling under very stringent orders as to secrecy.* And in the beginning of January 1303-4, Sir John de Botetourte, justiciar of Galloway, organised a very strong expedition of nearly 3000 men, to make a foray on the Scots in the south-west.^ Aymar de Valence had been treating for some time with Comyn and his allies to bring them to Edward's wiU,® and had been at Linlithgow and Glasgow in September, where he had borrowed 20l. from a canon on the King of England's business.^ Later on, in December, the patriots being about Perth, messages were exchanged between Edward and them,^ and after some further delay, and attempts to mitigate his rigorous^ conditions, from which, severe as they were, some were absolutely excepted, the Guardian and his followers laid down their arms at Strathorde on 9th February 1303-4,^'^ leaving Stirling castle to its fate. Wallace, whom the King of England declined on 3rd March to receive, except on terms of unconditional submission, still kept aloof somewhere in the upper parts of Stratherne or Menteith.^^ At this very moment, the Earl of Carrick and Christopher Seton were actively engaged in Edward's service, the latter in the garrison of Loch- maben,^^ and the Earl in pursuit of the patriots,^^ for which he

1 No. 1395.

2 Ibid., No. 1401, 1403, 1416. ^ Nos. 1408, 1412, 1414.

* No. 1-432 5 No. 1437. « Nos. 1392, 1393.

7 Ibicl.

VOL. II.

8 No. 1419.

9 Nos. 1444, 1445, 1447, 1448, 1449, 1451. 10 No. 1741.

" Nos. 1462, 1463.

12 No. 1464.

13 No. 1465.

d

xlii INTRODUCTION.

1303-4. j^g^^j ^^ especial letter of thanks from Edward. On 20tli Marcli Edward I. 1303-4, Sir John de Menteith was appointed sheriff and

(Bishop of St

Andrews, constable of the shire, town, and castle of Dunbarton.^ Alter junior, holding a Parliament at St Andrews at Mid Lent, to which he

Guaidians.) g^j^j^Qj^g^j ^j^^ Scottish magnates, 2 Edward decided to besiege Stirling;^ and sat down before the castle on 21st April.* From that clay till its surrender three months later, he personally directed the siege, for which extensive preparations were made," and every precaution taken to prevent supplies to the garrison.^ Lead for the engines was also stripped from all the churches in the district, care being taken however to leave the altars covered.^ The Earl of Carrick, who had succeeded by his father's death to his English estates, actively assisted, for substantial reasons.^ The lands of many Scotsmen who had come to Edward's peace were restored to them,^ prominent among these being the Bishops of St Andrews and Dunkeld and others of the late envoys to France. ^*^ The goods and chattels of Sir William Oliphant the constable, and the garrison of Stirling were given to a recreant countryman." To judge from the scarcity of jDrovisions among the besiegers,^^ the garrison must have been in great privation. At least thir- teen engines and a 'war wolf of novel construction battered their ramparts,^^ and Greek fire was showered on the de- fenders.^* They surrendered unconditionally on St Margaret's day (20th July), only twenty-five persons being named in the instrument attesting the surrender, along with the governor, though there seem to have been others still within. ^^ A curious fact is mentioned in a letter on the day the castle fell, that Edward ordered that none of his people should enter till it was struck by the 'war wolf,'

1 No. 1474. 8 Nos. 1493, 1495, 1510, 1540, 1546, 1548.

2 Nos. 1461, 1468, 1471, 1480. » Nos. 1*481, 1535, 1538, 1544, 1584, 1594.

3 No. 1477. 10 Nos. 1528, 1529, 1530, 1531.

4 No. 1519. "No. 1517.

5 Nos. 1482, 1483, 1486, 1491, 1498, 1499, ^" Nos. 1552, 1553. 1500, 1524, 1536, 1539, 1554, 1556, 1559, ^^ No. 1599. 1589. 14 No. 1569.

« Nos. 1489, 1515. is No. 1562.

7 No. 1504.

INTPtOUUCTION. xliii

possibly to see its effect/ The garrison were all despatched 1304. to English prisons particularly named. ^ Edward I.

Edward remained some weeks in the neighbourhood,^ and refmuni) probably feeling that while Wallace remained at large, his work was incomplete, held out inducements to some of his late associates to capture him.* He was at the Abbey of Holyrood on 16th August,^ at Pentland the next day,® and Eddleston on the 19th;' from which he must have made a rapid march through Peebles, Traquair, and Selkirk, to Jedburgh by the 20th or 21st,® resting at Yetham in the Cheviots till the 24th.^ An account of the expenses of his portable chapel while in Scotland, shews his simple personal habits.^" The household account of the Prince of Wales, beginning 20th November 1303, ending abruptly with a lost mem- brane on 19th April 1304,^^ illustrates his separate campaign in Perthshire, and gives the names of many in his train ; among them Edward Bruce, the future King of Ireland. ^^ It is pleasing to turn from these military records to two unique documents giving (though from an enemy's hand not the less valuable) the only in- formation we have of the internal condition of the country about this period. The first of these ^^ is an account by the Escheator south of Forth in the years 1302, 1303, and 1304, and relates to the counties of Lanark, Peebles, Ajt, and Dumfries, and the district of Annandale. In Lanarkshire there are returns of the Crown demesnes of Cadzow and the Vale of Clyde, ^* of the Bishop of Glasgow's burgh and barony, the burghs of Lanark and Ruther- glen,^^ and the lands of the Comyns, Maxwells, and others. In Peebleshire those of the same bishop,^® the Crown demesnes of Traquair and others,^^ and of Sir Simon Eraser and his retainer

1 No. 1560. In the British Museum Ward- book in the British Museum, gives many de- robe account, already referred to, it is stated tails of his halting places, both before and that an ' oriole ' was made in the King's house after the siege of Stirling.

at Stirling, that the Queen, the Countess of ^ No. 1594.

Gloucester and Hereford, and other ladies of ^^ No. 1580.

the Court, might seethe assault of the castle. ^^ No. 1516.

2 Nos. 1567, 1572, 1668. ^^ p, 394.

3 Nos. 1570, 1573. " No. 1608.

-* No. 1563. " Pp. 424, 427, 428.

^ No. 1576. 1^ Pp. 424, 428.

8 No. 1578. ^« P. 425.

7 No. 1579. " Pp. 424, 425, 428

» Nos. 1580, 1594. The Wardrobe account

xliv INTRODUCTION.

1303-4. Simon cle Horsebrok.^ In Ayrshire those of the burgh of Ayr, Edward I. the burgh lands^ of Irvine, and the baronies of Dalmellington, ^^mrm?" Ochiltree, and others.^ In Dumfriesshire those of the royal demesnes, and the burgh of Dumfries. In Annandale those of the towns of Lochmaben and Annand, with many provostries, mills, &c.^ As the names of places are mentioned with much detail, this adds to its value. The other document ^ is a compotus by the same officer and his colleague of an extent made of all the royal lands in Scotland from Sutherland to Galloway, between April 1304 and February of the following regnal year. Though the receipt was large (nearly 1400?.), the expenditure exceeded it by nearly 400/., but as part of the document is much destroyed the details are not distinct. Beside land and burgh farms, it contains accounts of customs and arrangements for their collection at various ports. The ruined state of Stirling after the siege is shewn by the issues for the year being only 4s.*' The two officials who made this valuation had a strong armed escort during their labours, which regularly mounted guard at night.^

This year 1305 witnessed the capture of Wallace, when, the Records do not say, but probably not long after 21st May. Lord Hailes says that a prisoner, Ralph Haliburton, offered his aid in discovering him. This receives confirmation from the fact of this man's name being scored out of a list of prisoners in England, at that date.^ Before this time Edward de Kethe had received a gift from the King of England of whatever he might gain in pursuit of his patriot countryman.^ There are very few notices in the Calendar to add to the little that is known of Wallace's real history, outside of the poem of Henry the Minstrel. Whether he is the William le Waleys, whose companion is accused of robbery at Perth, in June 1296,^° the editor cannot say. He appears to have cut off the supplies of the English garrison of Stirling about St Bartholomew's day 1299.^^ By an inquisition held immediately after his execution, regarding Michael de Miggel, a Scotsman who had been in his company.

1 Pp. 424, 428.	5 No. 1646.	9 No. 1424,
2 Pp. 425, 428,	6 P. 440.	10 P. 191.
3 Ihid.	7 P. 443.	" No. 1940.
" Pp. 426, 427.	8 No. 1668.

INTrtODUCTIOK xlv

it was found that Wallace had kept this man, who had tried to 1305. escape twice, by force, and in fear of his life/ Edward I,

The commission for his trial on 18th August marks the close ^ num)''' of his career,^ his execution taking place on the 23rd.^ King Edward's harsh treatment of him seems due to personal resentment, for while he had never sworn allegiance, those who had repeatedly violated their fealty were pardoned, favoured, and even trusted.

The King of England now made what he doubtless thought was a final settlement of Scotland,^ appointing his nephew, John of Brittany, Warden, with subordinate officers. The sheriffs of counties, with one or two exceptions, were Scots, the castles were committed to Englishmen, or Scots in his interest, and several persons were punished by banishment for certain periods. Orders were given for the courteous treatment of Scottish magnates and others passing through England,^ and the High Steward made his submission at West- minster.*' Rewards were bestowed on the captors of Wallace, and on Sir John de Menteith,^ who, it is right to point out, was at that time and had been for a year before the capture, an official in the English interest, being sheriff and constable of Dunbarton.

With the spring of 1306 dismal news reached King Edward, the murder of Comyn and rebellion of Bruce. That an appear- ance at least of trusting Bruce was maintained till this event, is shewn by a writ, dated 8 th February, two days before the murder, acquitting him of a debt due by his father.® By the 24th of that month Edward had heard the news at Itchenestoke in Hampshire.''

With his accustomed energy he appointed Aymar de Valence,

^ No. 1689. tis doom. In the long summer day there was

2 No. 1685. amiale time for this. It is not likely he was

3 Stmo's Chronicle. It has been doubted brought back, on a subsequent day, from whether this is the correct date, as he was prison, in order to start from Westminster only tried on 23rd August at Westminster. Hall.

It is to be remembered, however, that his * No. 1691.

sentence was, to be drawn from the palace of ^ No. 1698.

Westminster to the Tower, from the Tower to ^ No. 1713.

AUegate, and so by the middle of the City to '' No. 1730.

the Elms (at Smithfield). The probability is, » No. 1743.

therefore, that immediately after sentence he " No. 1747. v.'as carried off straight from Westminster to

xlvi INTRODUCTION.

1306, Henry de Percy, and Robert de Clifford, to put down the Scots,^ Edward I. intending himself to follow, notwithstanding his infirmities, with

(Interreg- j-^^ son.^ The seamen brineinsf provisions from Ireland were com- num.) & & r

manded to keep the high seas, and not to approach the Ayrshire or Galloway coasts, the seat of the rising.^ He gave the Annan- dale estates of Bruce to his son-in-law Humphrey de Bohun earl of Essex,* those in Durham to Robert de Clifford ^ (with a part subsequently of Christopher de Seton's estate), and com- mitted his other English lands to various persons,^ keeping the manor of Writtle for himself.'' The earldom of Menteith was given to John de Hastings and Edmund his brother,^ that of Lennox to John de Menteith,^ of Carrick to Henry de Percy, and Athol to Ralph de Monthermer ; ^^ and doubtless many other patriots lost their lands, of which there is no record.

At no period of his life is the fiery energy of the King of England more apparent than in these last eighteen months of his life. The writs, often only drafts, are altered and interlined to express his wishes more clearly. He urges his lieutenants to action," expresses his gratitude to God for their successes,^^ orders that no terms be kept with the Bishops of St Andrews and Glasgow, but unconditional surrender, ^^ adding his earnest mshes for their capture, and his pleasure on hearing one is taken ;^* gives orders to destroy the lands of ungrateful Scotsmen, but to honour the loyal, ^^ and put to death enemies taken in arms, with certain special exceptions, on whose fate he is to be first consulted. ^^ Such are a few of the contents of the letters despatched while Edward was slowly making his way to Scotland in June 1306.

The Prince of Wales, leaving his father on the Marches, entered Scotland in July, and we find him on the 1 3 th of that month announcing to Aymar de Valence the surrender of Loch-

1 No. 1754. 8 No. 1771.

2 No. 1763. 9 No. 1786.

3 Nos. 1753, 1763. lo Hemingburgli, vol. ii. 257. •* Nos. 1757, 1766, 1842. It is for this " Nos. 1773, 1777.

reason that so many of the Annandale papers i"- No. 1780.

are in the Duchy of Lancaster collection. The i^ No. 1777.

heiress of the Bohuns married Henry IV. ^'' Nos. 1785, 1786.

5 Nos. 1776, 1894. ' is Nos. 1782, 1787.

■ «Nos. 1767, 1804. '« No. 1790.

7 Nos. 1804, 1816.

INTEODUCTIOK xlvii

maben castle two days before,^ and saying that lie will hasten 1306. to Perth. He was at Forteviot, within a few miles of it, on Edward I. 1st August,^ and at the end of that month or beginning of ^ ° ^^^ '' next, the. castle of Kildrummy surrendered to him, as the jubilant letter of 13th September, giving the names of several of the prisoners, relates.^ Among the chief of these were the King of Scotland's brother [Nigel], Sir Robert de Boyd, Sir Alexander de Lindesay, and others not named. Nigel Bruce was executed, after trial by a special commission, at Berwick.* How the other two escaped a like fate does not appear. The Countesses of Carrick and Buchan, Maria and Christina the sisters, and Margery the daughter, of Bruce, were taken in the sanctuary of St Duthac, at Tain, by the Earl of Ross, and delivered to Edward.^ They were placed in strict confinement, three of them in 'kages.'^ The Earl of Athol, Simon Eraser, Christopher Seton, and others of note, were executed, the two former at London and the last at Dumfries.^ The Bishops of St Andrews and Glasgow and the Abbot of Scone, were sent under a strong escort to the castles of Winchester, Porchester, and Mere in Wilts, being treated with the utmost rigour, and placed in fetters.^ He of St Andrews attempted to clear himself of complicity in the murder of Comyn, but his solemn assurance procured him no favour from the incensed King,^ and had he and the others been laymen, they would have forfeited their lives. ^*^ He was interrogated on apprehension, like a felon, by commis- sioners at Newcastle-on-Tyne, and forced to acknowledge many charges — violation of his oath as a Privy Councillor for one, and the secret indenture with the Earl of Carrick" (on St Barnabas day 1304), which was found with other compromising documents, in his possession. ^^ Charges against him and the two other churchmen were drawn up to be submitted to the Pope.^^

1 No. 1803. » Nos. 1812, 1813, 1814, 1815, 1824.

2 No. 1809. " Nos. 1780, 1781.

3 No. 1829. " No. 1799. * Hailes, referring to Trivet and Matthew of " No. 1817.

Westminster. ^' Nos. 1818, 1822.

5 Ibid., referring to Barbour and Fordun. ^'^ Nos. 1827, 1828.

« Nos. 1850, 1851.

^ Hailes, referring to Trivet and Matthew of Westminster.

xlviii INTRODUCTION.

1306. The Bishop of Glasgow made a request to Edward to be Ed^^I. enlarged in England, till the 'ryote' of his countrymen was (Eobertl.) p^^ clown.' The Bishop of Moray saved himself by flight to Orkney, where the King of England endeavoured to persuade Haco, King of Norway, to arrest him,^ without success. In addition to these stern examples of vengeance, one may be added, hitherto it is believed unknown.^ On 4th August 1306, a special commission at Newcastle-on-Tyne sentenced to death, without trial, fifteen Scotsmen and one Englishman, taken in arms, with one exception, on the field of Methven, which, if we accept the date in the indictment, was fought on Sunday the 26th of the previous June.* Edward's instructions (drawn up by himself at Laysingby near Carlisle, on the 1st of August) were express, that none should be allowed to answer. It cannot be doubted that they aU met their doom.^ Among them were Alexander le Skyrmyshour, created by Wallace hereditary standard-bearer of Scotland, and John de Seton, ' Englishman.' The latter was captured in Tibbers castle, near Dumfries, and was indicted for aiding in Comyn's murder, and making prisoner the sheriff' of Dumfries, Richard Siward. From his style of ' Englishman,' he was probably a brother or near relative of Christopher Seton, who was tried as a native subject of Edward.

We must now turn to the central figure — the new King of Scotland. After his defeat at Methven, Bruce and his small band of adherents, escaping into Athol, lurked for some time there and in the West Highlands, enduring much hard- ship, from which, when reduced to the extremity of famine among the hills, they were at length rescued by the Earl of Lennox, who till then thought King Robert had been killed at Methven. They then made their way by sea to Kintyre, where Angus of the Isles received them into his castle of Dunaverty, at the extreme south of that peninsula. Fearful of treachery,

^ No. 1825. leaf sewed to a Yorkshire Assize Roll, with

- No. 1907. which it has no other connection.

3 No. 1811. This was pointed ont to the * The 19th June is the date given by Lord

editor by Mr William Brown, barrister-atdaw Hailes.

of Lincoln's Inn, a diligent student of the ^ j^q 1823.

antiquities of his county, York. It is a fly-

INTRODUCTION. ' xlix

Bruce remained only three days within its walls, and with his 1 306-7. followers crossed to Rachrin, an island thirteen or fourteen Edward I. miles to the south-west, about four miles from the north coast ^'^

of Ireland. From the Eecords we learn that King Edward acknowledged directly the important services of John of Argyll in pursuit,^ and that the fugitive was followed so closely by his enemies that Dunaverty castle was under siege on 22nd September,^ and had been invested probably some days before. And it is clear his island refuge had been discovered, for on 29th and 30th January 1306-7, there are orders for Hugh Biset and his fleet to join Sir John de Menteith and Simon de Montacute in pursuing Robert Bruce and his accomplices and destroying their retreat.^ On 1st February Edward ordered the sheriff" of Cumberland to despatch vessels well manned and armed to Ayr, in search of Bruce, and assist his Admiral, who was at sea on the same duty.^ Thus rumours of his return to Scotland (which Barbour says was in early spring), may have preceded the actual event. But it is somewhat un- accountable that Bruce was permitted to remain undisturbed, to all appearance, in Rachrin from September tiU January. It was within the territories of the powerful family of the Bisets of the Glens of Antrim, who were warm adherents of Edward I., and though the currents and races of these stormy seas are proverbial, they could be no obstacle to hardy mariners. He may, therefore, have been for these mid-winter months, in some more distant refuge.^ For Barbour asserts that on reaching Carrick in spring, he for the first time learned the disasters and executions of his friends, from a lady a 'ner cosyn' of his own in that country. The desertion also of some of his principal adherents, the Earl of Menteith, Sir Patrick Graham, and others, in Novem- ber preceding, was then probably first made known to him.^

1 No. 1830. ions. It has been overlooked that Fabyan

2 Nos. 1833, 1834. (ed. 1559, p. 148) and other English chroniclers ^ Nos, 1888, 1889. circumstantially assert this, though Dr Jamie- * No. 1893. son in his additional notes to Barbour (Book 5 Now that we know the alliance between II.) treated it as equally fabulous with the

the Braces and the royal house of Norway to Norwegian marriage, be a fact, it is far from improbable that Bruce ^ Nos. 1849, 1852. did betake himself to the Norwegian domin-

I INTEODUCTIOK

1306-7. He must also have then heard of the total defeat of the force

Edward I. of 700 Irishmen, brought to his aid by Thomas and Alexander (Robert I.) j^^^ brothers, which was cut to pieces on landing (9th February) at Lochryan, by Dougal Macdowall, when the heads of his brothers and Sir Eanald Cra^^ord and other leaders, were placed on the gates of Carlisle.-^ Even his resolute spirit might have quailed at this news, and not less at the unknown dangers yet before him, while he was to be hunted for his life among his native hills.

Whatever may have been the exact date of Bruce's reaching Carrick, early in February the Enghsh King must have beheved in his arrival, for he writes from his sick-room at Lanercost on 6th and 11th February, ordering a distinct report from Aymar de Valence and his other officers at Ayr, of their doings against the Scots, to be sent to him by a trustworthy messenger, as he believes they are concealing the real state of matters, and have done so badly they do not wish him to know the truth. ^ At this point Barbour confuses dates, saying that the prisoners from Kildrummy were brought to Edward at Burgh-on-Sands, on his death-bed (July 1307), when he ordered them all to instant execution. Whereas, as we have seen, Kildrummy was taken nearly a year earlier, in September 1306. But his romantic account of Bruce's pursuit by Aymar de Valence with a cavalry force, and John of Lome (or Argyll) with 800 men 'and ma,' and a bloodhound that once belonged to the fugitive King, is borne out so far by the warrant of 1 9tli July, under the seal of Sir Aymar, then at Dalmolin near Ayr, for pay to Lome, who with 800 foot, and 22 men-at-arms was then guarding that town.^ So, too, is Barbour's narrative of the failure of Aymar de Valence's attempt to surprise Bruce in his retreat at Glentrool.^ On 20th February 1500 Border foot were mustered at Carlisle to pursue him, and on 19th March 1000 from Lancaster, with 1500 more from Cumberland and Westmoreland;^ while it is otherwise certain that from 12th February to 3rd May he must have been

^ Chronicle of LanercQst, p. 205. Nos. 1905, ■* A wild mountain lake in the upper part of 1915. Kirkcudbright.

- Nos. 1895, 1896. s j^Qg 1902, 1913.

» No, 1957.

INTEODUCTION. li

in a most critical position. On the side of Nitlisdale, Sir Jolin 1306-7. Botetourte the warden, was in pursuit with 70 horse and 200 Edw^ I. archers. On that of A5n'shire, Sir Aymar de Valence with 700 (^°^^^*^^-) archers was on his track. Sir Robert de Clifford, with a small detachment, kept guard at the water of Cree ; and from Carlisle, 70 horsemen and 40 archers, with 300 Tynedale men under Sir Geoffrey de Moubray, were sent by the English King himself to Glentrool in special search of Bruce, between 10th April and 3rd May.^ A map of the district will show how near he must often have been to his enemies, and that his escapes must have been often narrow. He did, however, extricate himself from the toils, and by the 10th of May (according to Barbour), defeated Sir Aymar de Valence at Loudon Hill, on the border of Ayr and Lanarkshire, nearly thirty-five miles to the north. The date of this action is given by the English historians ^ as about the end of March, but Barbour's date is supported by two letters, without a year, but dated 15 th May. In the first of these,^ from Carlisle, King Edward's anger at the retreat of the Guardian before 'King Hobbe' (as he calls Bruce) is mentioned; also that he had reviewed his cavalry (400 men) decked with leaves, on AVhitsunday, and was very merry. The writer adds a curious fact that James of Douglas had sent to be received, but on seeing the English forces retreat [at Loudon Hill] he had drawn back ; showing how desperate Bruce's prospects must have been before this success. The second letter,^ from Forfar, gives the rumours about Bruce that possibly had been brought from the same fight, and his improved prospects, and the expectation that he njight come that way.^ From its mention of King Edward's possible death, the editor, with some hesitation, has assigned it to this period, though neither the writer nor person addressed are named. The action of Loudon Hill was not decisive in its effects, for the English operations were going on in a few days after ; a foray from Dumfries, in the direction of Cumnock, being

^ No. 1923. ^ BarLour says such was his intention after

- Hemingbiirgh, ii. p. 265. Trivet, i. the battle, and that he crossed the ' Mounth '

p. 413. to attack the Earl of Buchan and other enemies

3 No. 1970. in that quarter. But he places this a year too

-• No. 1926. early.

lii INTEODUCTION.

1307. arranged for on 16th May by the Treasurer (the Bishop of Chester) Edward I. ^t Dumfries, who had come from Lanark the day before.^ Bruce (Eobertl.) |g g^^^j ^^ j-^g^^^ defeated Ralph de Monthermer within three days after Loudon Hill, and besieged him in Ayr castle, but to have retired on succours approaching. ^ On 1st June, Aymar de Valence, then at Bothwell castle, orders 300 foot for Earl Patrick at Ayr, and workmen for the repairs of the castle.^ He was at Ayr himself ten days afterwards,* from that time till Edward's death, making expeditions into the neighbourhood in search of his late opponent. He was, early in July, on another foray to Carrick and Glentrool ; ^ about Ayr from 17th to 19th July ; ^ in the Glenkens (Kirkcudbright) on the 24th ; ^ by the 31st he was back at Skeldon on the Doon, above Ayr ; ^ and was still at Ayr with many knights, Clifford, Hastings, &c., in that month or August.^ These writs seem to indicate that Bruce must have been in that district, not in the north of Scotland, at this time, for the Warden would hardly have remained to pursue an inferior foe. With the death of Edward L the greatest danger had passed away, and Robert Bruce's career was thenceforth one of steady progress, though toilsome years were to pass before he secured his throne, even by the all but unanimous recognition of his own countrymen.^''

A few words must be said on the seals in the text and Ap- pendices I. and IIL There are contained in this volume descrip- tions of the seals, still extant to the number of about 860, that were attached to the original homages of Scotsmen in 1296. Of these there are about 20 duplicate and borrowed seals, besides a few of Englishmen who had an official connection with Scotland at that time, but all, with scarcely an exception, are of that period.

1 Nos. 1928, 1929, 1930, 1931, 1933. » No. 1961.

- Hemingburgh, ii. 265. Trivet, i. 413. '" A strong national feeling is traceable

^ No. 1935. among the commons of Scotland. While most

* No. 1938. of the magnates, as fear or interest influenced

^ No. 1942. them, were by turns the adherents or opjion-

^ Nos. 1954-1957. ents of England, the ' mesne men ' and com-

' No. 1958. Though seventeen days after mons seem to have steadily refused the induce-

the King's death, this letter is given as in his ments held out to them to submit (Nos. 1908,

' 35th year.' 1909), and were ever ready to rally round the

^ No. 1959. standard of indopeudeuce.

INTEODUCTIOK liii

The seals (86 in number) which have been autot5rped^ by Mr 1296 Charles Prsetorius are, generally speaking, of excellent design, in a superior kind of wax, many having been appended to im- portant instruments at the time of the Competition for the Crown, or to single homages.^ The five plates containing these are numbered at the beginning of Appendix III.

Many of those that follow are also very good, quite equal in execution, but being often joined on tags or strings, were not found suitable for the autotype process. As a rule, the general homage seals are impressed on olive-green coloured wax, and at first sight seem rudely executed. But on careful examination they are extremely interesting, and shew a considerable amount of, we may believe, native art in the designers. The characters of the animals and birds depicted are true to nature, and many of the devices and designs are curious. Many are not armorial, exhibiting the devices of a flower, a shrub, a rabbit, or a bird. A stag's head cabossed, a hunting horn, a star and crescent, are also common. A considerable number, above 100, have bafiled the decipherer, and still remain a subject for conjecture. As they have been described with every possible care, shewing how many are attached together, they may be identified by a comparison with the names on the Roll, and a process of induction. By this means many have been definitely, some conjecturally, ascertained.^ The surname of the homager is not always the same as that on his or her seal, and what is singular, seals appear to have been lent, for in several instances the same seal occurs more than once in a homage. It will be noticed on examining the EoU, that the homages were at first made singly by imjDortant persons from May to July, and thereafter on 28tli August they were made in groups, more or less in number, beginning with the churchmen and magnates, after which landowners, both great and small, are found

1 Of the same size as tlie originals. (2 vols., 1850-66). If, as not unfrequently

2 The seal of Walter Steward earl of Men- happens, his readings differ, it must be remem- teith (PI. iv. 6), is probably the earliest in the bered that he has had the great advantage of present collection, dating between 1258-1290. deliberate and careful comparison of the seals

^ The editor has to acknowledge the assist- with the names on the Ragman Roll, and this ance derived from the previous labours of Mr in the groups often identified with the remains Henry Laing in his Catalogue of Scottish ScaJs of the original homages.

liv INTRODUCTION.

1296, on the same deed. The seals were probably first affixed, and each made oath in turn touching his or her own seal, after the manner still in use in the execution of English deeds. It is believed that the placing these seals in juxtaposition to the Ragman Roll will supjDly a want long felt by more than one eminent Scottish antiquary. It has been found impracticable, for the reasons stated above, to make a separate index to them. Where identified or conjectured, however, a reference has been placed to the seal after the name of the owner.

The subject of seals being cognate to that of genealog}^, reference may now be made to some genealogical questions on which the documents in the Calendar throw light. Two of some historical interest have been already adverted to.

We discover probably the last appearance of Alan Durward, so prominent in the early years of Alexander III., as still in 1274-92. possession of the castle of Bolsover, on 25th August 1274.^ It may be noticed that in Nicholas de Soulis' claim to the Crow^n (in the Great Roll) a slip is committed ; his mother, Ermegarda, being there apjoarently called the daughter and heir of Alexander III. Whereas, it will be seen in the original instrument, that his mother was daughter of Alan Durward, who had married a daughter of Alexander II. Soulis' mother was thus the niece of Alexander III. This partly supplies a missing link in the Durward genealogy. A later Sir Alan Durward is found holding office at Inverness in 1291-92;^ and Thomas Durward of Angusshire is on the Ragman Roll.

Alexander III., as the Scottish overlord of the late Walter de Lindesay of Lamberton and Kendal, is found on 23rd September 1274,^ certifying that the re-marriage of Cristiana his widow, to Walter de Percy of Kildale, took place in his kingdom. On 14th June next year, Edward I. condoned Percy's trespass for a fine of 80 marks. ^

The memorandum as to the descendants of Waldeve of Allir-

^ No. IS. 3 No. 23. 2 No. 560. ■» No. 52.

INTEODUCTION. Iv

dale, younger brother of Gospatric (II.) and Dolfin, is a singular 1274-79. document.^ It does not appear what was the object of bastardis- ing these elder brothers, or entering into the fabulous details as to Ranulph de Meschinis having received the earldom of Karliol from WiUiam the Conqueror. In some respects, the latter portion especially, where it treats of Cospatrick of Bolton, and what follows, it is almost identical with the Chroiiicon Cumhrice,'^ but the beginning is quite different. Some historical persons are how- ever named, and there seems no reason to discredit the assertion that Duncan King of Scotland married Ethelreda the daughter of Earl Gospatric (I.).

The Molecastres and Penningtons of Cumberland appear to have held Gyffyn in Coningham, probably a grant to one or other family from the de Morvilles.^

Robert de Brus of Annandale, afterwards Competitor, had married as a second wife a Cumberland heiress, Cristiana de Irby, before 1279.^ They often appear in the records from this date.

The surname of Lokard or Lokarde (found in Dumfries- shire, in William the Lyon's reign, ^) occurs as one of seven co- parceners, mostly Scottish, in the barony of Levington in Cumberland.^

In the inquisition on the death of John ^i^etjunioi' of Glenarm, whose three co-heiresses are all married to Scotsmen, the island of Rachrin, the future refuge of Robert Bruce, occurs among his possessions.^

In the Assize Roll of Werk in Tynedale, details are given of the Comyn family in 1279, showing that John Comyn of Tynedale (father of him whom Bruce killed at Dumfries) had a younger brother John Comyn junior, who was portioned in Thorne- ton in Tynedale.^ This younger John appears once again as Sir John Comyn 'le joen,' in 1297,^ in contradistinction to his elder brother, there styled Sir John of Badenoch as the head

^ No. 64. ^ Vol. i. No. 105. Hence perhaps Locardebi.

2 Dugdale mon. i. 400, old ed. (Wethcral « P. 37. Priory). 7 No. 163.

3 No. 133. 8 p_ 51,

4 No. 146. 9 No. 963.

IvL INTRODUCTION.

1297-1303. of the family. It also appears that this younger Sir John had a uterine brother Robert and a sister Alicia, shewing that his mother, whose name was Alicia,^ must have married another Comyn.'* This Robert was doubtless the uncle Sir Robert who was killed at Dumfries with his uterine nephew.^ It may also be pointed out here that an entry on the Close Rolls establishes the fact, much discussed in the history of the Earldom of Menteith, that Isabella countess of Menteith, wiie of William Comyn of Kirkintil- loch, was not, as often caUed, the daughter of Walter Comyn, but of John Russel, the English knight, who was the second husband of Walter Comyn's widow, the elder Countess of Menteith.^

Another piece of evidence about this once great family is afforded by the inquisition on 30th December 1303,* taken before the deputies of the Earl of Carrick, then sheriff of Lanark, wherein it was found that Sir John Comyn (who is styled ' grandfather of Sir John Comyn then living ') gave the land of Dalserf in Clydesdale in frank marriage with his daughter to Sir William de Galbrathe, by whom it was given to his own son William and the latter's wife Willelma, daughter of the late Sir William de Douglas, and the four co-heiresses of these last inherited — the eldest being a daughter Johanna, mother of Bernard de Cathe,^ then living. While Dalserf was known to have been an early possession of the Comyns, these details of relationship to the Galbraiths and Douglases seem new.

Cristiana de Valoignes, the heiress of Panmure, appears at Berwick, 10th August 1291,^ attending to her affairs. Having been married in 1215 she had reached a great age.

1 p. 54. 3 No, 466. 5 Keith (?).

2 No. 1747. •* No. 1420. ^ No. 511 * The following tree will make this more clear : —

Sir John Comyn =(1) Alicia=(2) . . . Comyn. of Tyndale, t before 1279.

1. II. III. I I

William Comyn = Isabella John Comyn y Alianora, John Comyn Robert, Alicia. (of Kirkintilloch) Russel. (of Badenoch and sister of ' le joen ' t at Dumfries,

t s. p. 1290-1. Tyndale), Com- | King John de (alive 1297). 1305-6.

petitor. I Balliol.

t c. 1303. I

John Comyn = Johanna, t at Dumfries, sister of

1305-6. Aymar de

Valence.

INTEODUCTION. Ivii

On 11 til March 1285-86 Edward I. consented to a marriage between John the heir of Athol and a daughter of Sir William de Soules.^

Eric King of Norway, after a lapse of ten years from the death of Margaret of Scotland, his first Queen, took as his second, Isabella daughter of the elder Kobert earl of Carrick, in 1292. The inventory of the valuable robes, jewels, plate, and two crowns, delivered at Bergen, 25th September 1293,^ by the envoys of her father for her use, is new. If the mother of Thomas Eandolph earl of Moray was, as she is usually called, Isabella, then there were two sisters of the same name. They may have been the children of different marriages.

An interesting point in the pedigree of the Douglases occurs in the sheriff's return for the lands of Scotsmen in Essex, seized by Edward I. in 1296.^ William de Douglas held lands there in right of the wdfe whom he abducted at Tranent — Alianora de Ferrars — as dower from her first husband, and among other properties seized was a son of his named Hugh, said to be nearly two years old, and born in England. This boy lived to be for a short time the head of the family, after the death in Spain of his more eminent half brother ' the Good ' Sir James.

From a petition for exchange of prisoners on 7th April 1299^ it is learned that Marie, successively Queen of Man and Countess of Stratherne, had married a third time, an Englishman, Sir William fitz Waren. She was a daughter of the house of Argyll,^ and died before 10th October 1303.*^

The Kneage of the family of Seton, which rose to high rank in Scotland, is illustrated by several documents. In the first of these, John de Seton is found on 4th July 1291, accompanying Edward I. by his special order to St Andrews.'' On 6th October 1294, the same John perhaps, (for he had lands in Yorkshire), becomes surety for John Comyn, who had committed an assault on the doorkeeper of Exchequer.^ By 11th September 1299, he was dead, leaving lands in the counties of Cumberland and York,

1 No. 285. 4 No. 1062. ^ No. 501.

2 No. 675. 5 p_ 124. 8 ifo. 702. ^ P. 173. 6 No. 1117.

VOL. II. «

Iviii INTRODUCTION.

his son Christopher being his heir, who was twenty-one years of age on 25th March of that year.^ By later documents, it appears that the father left a widow named Erminia.^ Chris- topher was thus only twenty-eight when he was executed in 1306.

Eobert de Coningham, the slain constable of Carlaverock castle,^ was probably the same who appears on the Ragman Roll as of Ayrshire. The connection between him and James the Steward of Scotland, whose sister was his aunt by marriage, is new to the editor.*

Sir John the Stew^ard, next brother of James the High Steward, who fell at Falkirk in 1298, and is generally styled ' of Bonkill,' can only have been so in expectancy, through his marriage to the heiress, Margaret de Bonkill. For Sir Alexander de Bonkill, her father, was alive till shortly before 27th April 1300, when an inquisition of his Cumberland lands was taken, where it is found that his daughter and heir Margaret remains with the enemy in Scotland.^ His widow, Crestiene, petitioned Edward I. for dower on 7th June afterwards.^ Margaret, his daughter, became the wife of Sir David de Brechin before 7th July 1304, when she and her husband are received to the King's peace.' She was dead before September of that year, when a dispute is recorded in the Register of John de Halton bishop of Carlisle, as having taken place regarding the presentation to the church of Ulvedale in his diocese. It is there stated that her heir by John Steward was a minor, that she had married David de Brechin under a Papal dispensation, and had issue by him, and that he sur- vived her. (9th Report of Commissioners on Hist. MSS., App. p. 181 h.)

At p. 337 a question of some interest in Scottish heraldry is suggested by two seals there described. It has hitherto been supposed that the armorial bearing of three cinquefoils was con-

^ No. 1091. Eobert I., from whom he had charters of the

2 Nos, 1841, 1861, 1904. Ayrshire lands of the la Zouches and de

3 No. 1101. Ferrers.

* There is no mention of it in Douglas's ^ No. 1135. Nothing is said of her being a

Peerage of Scotlaiid (art. Glencairn). The widow.

Eobert de Coningham who swore fealty to ^ No. 1139.

Edward I., is there said to have declared for ^ No. 1.^84.

INTRODUCTION. lix

fined at that period to the family whicli afterwards took the sur- name of Hamilton. A seal in the Chapter House collection (App. in., 157) bearing this charge, has accordingly been attributed to Walter fitz Gilbert, their ancestor. The original homage to which it and four others have been appended, has perished, but it can be identified on the Ragman Roll (p. 198), by these four seals, the inscriptions on which are distinct, while on the fifth (that under notice), the words ' s' valteri dweam,' can be read with some difiiculty, but certainly not Walter fitz Gilbert. AU five belong undoubtedly to a homage by persons from eleven difi'erent counties, on which the name, not of Walter fitz Gilbert, but of Walter Duraunt, a Dumfriesshire landowner, occurs. In another homage (p. 199), Walter de Burghdon of Roxburghshire appears, his seal (App. III., 2 (15) ) bearing a single cinquefoil. In 1302 a knight of the same Christian and surname was sherifi" of Lanark and constable of Carstairs, and in that capacity his seal (p. 337) is appended to his indenture, and bears three cinquefoils. That of Sir William de Duresme (or Durham) sheriff of Peebles (ibid. ) ^ bears three cinquefoils on a bend. These coincidences are some- what remarkable. The de Burghdons were a Northumberland family, from which county some have thought the Hamiltons also came.

Several references occur, illustrating the connection of the Campbell family with Ayrshire. Robert de Kethe, who appears to have been a speculator in wardships,^ complained that Sir Nigel Cambel had taken possession of the ward of the two daughters of Andrew de Crawfurd, which the complainant had bought from John BaUiol while King. Sir Nigel appears further to have married the younger of these daughters, and Crawfurd's estate seems to have been the barony of Longemertenock in Ayr- shire (p. 425). Sir Nigel is found afterwards in possession of the ward of the heir of Hubert de Multon,^ with the King of England's license to marry the widow. He was dead before 25th

1 He seems to have been a Scotsman too, quite different, but this miglit easily be the being claimed as the ancestor of the Dur- case, for arms were not then fixed, hams of Largo, in Fifeshire. Their shield is - Nos. 1406, 1409, 1983. ^ j^o. 1289.

Ix INTKODUCTION.

October 1305/ when the ward of his son, a minor, is given to Sir John de Dovedale. It has generally been said that Sir Nigel Cambel married one of the sisters of the Earl of Carrick. If so, she must have been an earlier wife than either of these ladies, or the Colin Cambel, Bruce's nephew, who is named by Barbour as being rebuked sharply by his uncle for his rashness in the Irish campaign of 1317, could hardly be the son of this Sir Nigel, who is the only knight of that name occurring in the records at this date.^

In June 1304,^ Sir Patrick de Dunbar son of the Earl of March, receives a cask of new wine for his wife. Lady Ermigarda, then pregnant. This marriage is hitherto unknown, and it is uncertain who the lady was. If this Patrick was he who suc- ceeded his father in 1309, and was the last of the line of earls named Patrick, the only wife assigned to him is the celebrated Black Agnes, daughter of Thomas Randolph earl of Moray, whom he married about 1323.

Many of the documents in this volume are undated, and those often not the least valuable as tending to throw light on the acts and motives of some of the chief persons of the time. This has caused much thought and labour in endeavouring to fit such writings into their proper places. Some perhaps could now be more properly placed, though, on the whole, the editor thinks they have been arranged with a fair approximation to chrono- logical sequence.

The editor has, in concluding, to repeat his acknowledgments to the Master of the Rolls, and Sir William Hardy, the Deputy- keeper, for the great facilities afforded him in consulting the Public Records under their charge, as well as to their assistant officers, Mr Selby especially, who is always ready to solve a difficulty when such occurs.

J. B.

London, October I8S4.

' Nos. 1628, 1717. daughter Isabella was Queen of Norway.

- There is a Mestre Nigel Cambel of Ayr- The term 'Mestre' would rather imply that he

shire on the Ragman Roll, who was also an was a churchman,

envoy of the senior Earl of Carrick, when his ^ No. 1549

SCHEDULE OF EECOEDS EXAMINED.

EXCHEQUEK.

CHANCEEY.

QUEEN'S BENCH.

DUCHY OF LANCASTER

I

No. of Rolls, &c. / Pipe Eolls, 1-35 Edward I. . . .35

Chancellor's Eolls, 1-15 Edward L . . 15

Originalia „ 1-21 „ . . 19

Memoranda ,, (Q.E.) 1-35 Edward L . 31

„ (L.T.E.)l-20 „ . 17

Miscellanea, (Q.E.) 1-35 „ . —

„ (Q.E. Army) 1-35 Edward I. —

(Q.E. Wardrobe) 1-35 Edward I. —

„ Treasury of Eeceipt 1-35 „ —

Liber ' A,' Chapter House.

Paper Documents, Chapter House, 7 Portfolios . v.y.

\ Scots Documents, „ ... —

/ Patent EoUs, 1-35 Edward I. . . .37

Close „ „ „ . . . 35

Charter „ 2-35 „ . . .34

Fine „ 1-28 „ ... 28

Liberate „ 1-35 „ . . .35

Chancery Files, 1-35 . . . H bundles

Inquisitions post mortem, 1-35 Edward I. Tower Miscellaneous Eolls, Portfolio No. 459. Papal Bulls (Alexander IV.-Clement V.) . 170

Eoyal Letters.

Miscellaneous Portfolios, Nos. 11, 41, 474. Parliamentary Petitions.

V Writs of Privy Seal (Tower) . . 17 bundles

Assize Eolls, Northumberland, Cumberland,^ Westmoreland, &c. ... J

Charters . . . . .3 vols.

Grants (in boxes) *A,"B,' &c.

*^* It has been considered unnecessary to include the Rotuli Scotice- in this Calendar, as these Eolls, which begin in 1291 and end in 1516, have already been printed, in an edition of 1000 copies, under the direction of the Eecord Commissioners in two volumes folio., Lond. 1814-19.

TABLE OF THE CONTEMPOEARY KINGS and GOVERNMENTS OF ENGLAND and SCOTLAND from 20th November 1272 to 7th July 1307.

A.D.

1272

1307

England.

Edward I.

Close of the reign of Edward I.

Scotland.

Alexander III.

Margaret of Norway.

Interregnum.

John Balliol.

Interregnum.

SirWm. Wallace (Guardian),

The Bishop of St Andrews, the Earl of Carrick, and JohnComyn, junior, (Guardians.)

Eobert Bruce.

Beginning and Length of Reign.

8th July 1249 (to 19th March 1285-86.)

(to October 1290.)

1290-1292. 1292-1296.

1297-1298.

1299-1303-4.

25 March 1306 to 7 June 1329.

CALENDAR.

CALENDAE OF DOCUMENTS

RELATING TO

SCOTLAND,

HENEY III,

1272. 1. Alexander [III.] King of Scots to Eleanor Queen of England.

April 22. Complains of the conduct of William de Leyburne, seneschal of Ingle- wood Forest, in respect of the amerciaments, fines, escheats and profits of his manors, lands and men in Cumberland, with the forest pleas, which had been long ago granted to his father Alexander [II.] K. of Scots and his heirs, by the late H[enry] King of England. Eequests the Queen to lay the matter before the K.'s council, and reply in writing. Having come on pilgrimage to St Cuthbert of Durham, he has not his Great Seal with him, and appends his Privy Seal. Durham, 10th of the Kalends of May, 23rd year of his reign. [Royal Letters, No. 1957.]

No seal. ]\[uch blackened and defaced with galls.

EDWAED I.

[Nov.] 2. Memorandum :— That the K. permits Elena la Zuche, who is about to set out for Scotland, to appoint three attorneys till Michaetmas next. \Close, 1 Edw. I. m. 11, dorso?^

Dec. 12. 3. Mainprise by the executors of Nicholas de Bolteby, viz., Adam de Bolteby his son and heir, David de Ascell (AtholJ), and Eobert de Saint Oswalter, to pay the K. on the morrow of the Puri- fication all his debts. [Witness, E. de la Leya,] Westminster. \Memoranda, Q, K, 1 Edw. I. m. 3, dorsoi\

1272-73. 4. The K. to John de Eeygate his escheator idtra Trent. When Jan. 15. he took in the hands of the late K. Henry, the lands of Helewysa de Levyntone, who was wife of Eustace de Balliol, on account of her death the late K. at the request of Thomas son of Thomas de Multon of Gilleslande, one of her heirs, commanded the escheator to hold an inquisition as to her lands and heirs, whereby the K. understands that she held in capite by baronage, and that Thomas is her heir in VOL, IL A

CA.LENDAR OF DOCUMENTS

Edward I. part thereof, and has obtained a writ of seisin. Eustace has intimated

to the K. that he had living issue by his said wife, ' seen of men

1272-73, ' and baptised,' whereby her lands belong to him for life by the law of England, and has asked remedy. The K, unwilling to injure Eustace, commands the escheator to inquire, and if the facts are so, to give him seisin of all his late wife's lands, and the ' mesne profits,' chiefly as he ought not to suffer damage or loss through Thomas's act- ing by 'subreption' of the court. Westminster. [Close, 1 Edu\ I. m. 10. ']

Feb, 12, 5, Huntingdon: — The Abbot of Gedeworthe gives 20s. to have an assize before G. de Prestune, [By the hand of W. de Merton, Chan- cellor. Westminster.] \_Finc, 1 Edio. I. m. 34-]

1273. 6. The K. commands the Treasurer and Chamberlains to pay

April 28, Thomas Scot, messenger, 5s. for his expenses going with letters to the King and Queen of Scotland. Given by the hand of Eobert Burnelle. Westminster. [Liberate, 1 Edw. I. m. 4-]

Aug. 2. 7. The K. commands payment to his clerk, Thomas de Mymmes, of 35 marks for his expenses going to Lincoln, York, Durham, and Carlisle, and from thence to Scotland, Ireland, and Wales, to promulgate the sentence pronounced by the Pope upon Gwido de Montfort. Given by the hand of Eobert Burnelle. Westminster, [Liberate, 1 Echo. I. m. £]

Aug. 23. 8. The K. grants safe conduct to Eichard son of Philip, Laurence Scot, and Nicholas de Wygenhale, who have gone to Scotland to visit the threshold of St Andrew the Apostle ; till Michaelmas next. [St Martin the Great, London.] [Patent, 1 Ediv. I. m. 5.]

Nov. 10. 9. The K. to his Barons and bailiffs of Winchelsea. It has been shewn to him on behalf of Thomas Ker, John of Aberdene, and Walter de La Bothe, merchants of Aberdene, that while lately on a voyage from Aberdene to St Omer in their vessel freighted with wool and other goods, John Adryan of Winchelsea, at sea near Yarmouth, took from them 56| sacks of wool, 5^ 'dacres' of ox hide, 150 salmon, 200 ' bords ' of oak, a trussel of deer's hide, and lambs' skins, and much other merchandise, and still detains these at Winchelsea, besides beating and evil entreating them and their servants, so that the lives of some were despaired of. And as Thomas and John have sworn on tlie Gospels that the wool and others belong to themselves and other merchants of Aberdene, and were shipped there, and that no Fleming or other subject of the Countess of Flanders is con- cerned in same, the K. commands that they have restitution of their goods without delay, to be carried where they will, except to Flanders, Westminster, By W. de Merton, the Chancellor, 10th November, 1st year of hisreicjo. [Chaneery Miscellaneovs Portfolios,

RELATING TO SCOTLAND.

Edward I,

1273. Nov. 10.

10. The K. to the Bailiffs of the Abbot of S. Augustine of Canter- bury, at Garesendene. Thomas Ker, John of Aberdene, and Walter de La Bothe, merchants of Aberdene, complain that on their voyaoe from that port to S. Omer, with their vessel freighted with wool and other goods, Henry Kenteys of Garesenden took away 22 sacks of wool and other goods, at sea near Garesendene, and still detains them at that town to their damage. As Thomas and John have sworn that the wool and goods belong to themselves and other mer- chants of Aberdene, where shipped, and that no Fleming or subject of the Countess of Flanders is concerned therein, the K. commands the bailiffs to restore the goods, to be taken where they will, except to Flanders. By W. de Merton, the Chancellor. Westminster, 10 Nov., 1st year of his reign. [Chancery Miacellaneous Portfolios, No. -^.]

Dec. 16.

11. Agreement between the K. and Sir John de Burgo, senior ; — whereby the latter granted to the K. and his heirs [inter alia] the manor of Whateleye in Nottingham, under reservation of his own liferent. The K. also making him a special grant for life of 300/. of land. London. [Patent^ 2 Edio. I. m. 24-]

1273-74. 12. Warwick : — John Comyn of Newbolt gives a mark and a half March 1. for two writs. By the hand of W[alter] de Merton, the Chancellor. St Martin the Great, London. [Fine, 2 Eclw. I. m. 30.]

1274 13. Nottingham : — A view having been made with John de Balliol's

After executors for all his debts to the K., on Wednesday next after the Easter feast of the Translation of the Blessed Thomas the Martyr, for the Term. time while he was K. H[enry's] sheriff in the counties of Notting- ham and Cumberland, and had the keeping of the K.'s mills under Nottingham Castle, viz., 40/. per annum, and all his other debts — and crediting in the view the tallies, writs, and all other allo- cations they could demand, they owe de claro 156/. 75. \\d. Eichard de Foxton, seneschal of Devergulla de Balliol, the principal execu- trix of John, is bound to the marshal for the said debts. He has a day to satisfy the K. at the quinzaine of St Michael. [Memoranda, Q. B., 1 ii- 2 Ed IV. L m. 21.]

April 18. 14. Alexander de Balliol, who is going abroad, has a protection till the Nativity of the Blessed Mary next. Westminster. [Patent, 2 Edv\ I. m. 19.]

May 7. 15. The K. to William de Boyville, his escheator ultra Trent. Understanding that the lately deceased Ptobert de Eos son and heir of Robert de Eos of Werk, held the castle and manor of Werk of Eobert de Eos son and heir of William de Eos of Werk, by gift and feoffment of Eobert de Eos father of the said William and Eobert, and it does not appear that he held anything of the K. in cainte, whereby the custody of said castle and manor should belong to the K, the K.

CALENDAR OF DOCUMENTS

Edward I. commands that Eoberb be allowed to hold seisin by permission of

his lieutenants till his arrival in England, and meanwhile the

1274. escheator to make diligent inquiry if the deceased Eobert held any- thing in caintc and what, and report to the K. Westminster. [Close, % Edw. I. m. 5.]

June 11. 16. Extent of the manor of Kyrkeby in Kendale, with the castle, [under writ, dated Westminster, 20 April preceding, directing the K.'s escheator ultra Trent, to make an extent of the lands of the deceased Eobert de Eos of Werk, both of his own heritage, and that of Margaret his wife], made on Monday next, after the quinzaine of Holy Trinity, before William de Boyville, the escheator, in the 2nd year of the K.'s reign, by Thomas de Lancastre, Eichard Gilpin, John de Kenetemere, Eoger de Bronolvesmede, Ealph de Pacton, Thomas de Colland, Benedict Gernet, Eoger Kap'us, Eobert de Stirkland, John de Mideltone, Eoger son of William, William de Friysbank and AVilliam son of Alexander, who say that the castle of Kyrkeby, in Kendale, with parks, vivaries, herbage, and 'cista' therein, is worth one year with another 10 marks. There are in Kirkeby in demesne, 160 acres of arable land, each worth yearly with meadow M.\ total ^'os. Id. The vill of Kirkeby, with enclosure, is worth yearly 10 marks. A water mill, the moiety whereof per- taining to this part, with the moiety of the mills of Eispetone and Appeltweht, is worth 28 marks yearly; whereof Alan de Sutton receives 50s. yearly, and Adam de Lancastre 20s., for their lives. The moiety of the fulling mill of Kirkeby, formerly extended at 10 marks, is now 8 marks, as the tenants of John de Bella Aqua (Bellew), in Kenetemere, who married Laderina, one of the sisters and heirs of Peter de Brus, do not make suit at said mill, as of old in Peter's time. The moiety of the mill of Pactone, formerly extended at 10 marks, is now 9 marks, as William de Wynd, set up a mill at Grarig to its damage of 1 mark yearly. The mill of the hospital is worth yearly 60s. The moiety of the raill of Dylaker is worth yearly 10s. The fishery of Fors, 6 marks. The demesne of Helsintone, 210 acres, with meadow, each worth ^d. yearly, with emendation of the grange, herbage of the ' hay a' with forestery and dead wood felled, U. 13s. id. Tenant's farm in Helsintone, 64s. \M. From sheep 'goldor'(?) there, 3s. The farm of Henry the reeve of Helsintone, 20s. The farm of Grenerig, 54s. And from ' gold ' there, 6s. M. The farm of Adam de Eiboyers, M. That of 'Hagayl, 6/. 3s. From ' gold ' there, 5s. From a meadow called Eispetunhenge, containing 9 acres, each worth Vld. yearly. From the herbage of Adam Brun, 16s. yearly. From the farm of William Sauser, 3s. M. From that of Beausoncrayte (?), 7s. From that of Stanleye, 70s. From demesne there, 46s. From 'goldis' there, %s. From a close at Hoon (?), \2d. From the farm of the vill of Stirkeland, 00s. From ' golds ' there, 3s.

RELATING TO SCOTLAND.

Edwaed I. The meadow of Leychilde, 6s. The farm of the vill of Schilqimrtrig

505. The farm of tenants under the wood, 48s. The farm of

1274. Hotun, 110s., and from 'golds' there, 6s. From moieties there, viz., the mill, lOOs.^ The farm of tenants in the forest, together with Schewreshale (?) and Oxinholme, 11/. 6s. 9d. Herbage there, 5 marks. From Adam son of Henry, for a shealing and 2 acres of land, 3s. Freeholders paying 71. 4s, 3d., and two year old hawks, 2s., and 2 pairs of gilt spm's, lod., and gloves. Id., and 6 crossbows, lOd., and 12 arrows, 2d., and 4 lbs. of pepper, 40f/., and 4 lbs. of cumin, 4t?., and a lb. of wax, 6d. The forests of Kidale with Satsondoff, and Becmelbrid and Carkerdale, are worth 14/. 13s. 4f/. The farm of Gresmere, with moieties of the mill and of the fulling mill, sheep ' goldarr,' moors, fishings and brewery is worth 71. 17s. 3d. The farm of Langedon, moiety of the mill and herbage of the forest, are worth 3/. 18s. 8k/. Crostweyk in demesne is worth 22s. lid. The farm of Crostweyk with herbage, 'goldis' with brewery, and the mill, 11/. 15s. lid. From the moiety of Mynerholm, 3s. Ad. From the farm of Adam Chefdor, 3s. ' Eoger's Island ' in Wynendemere is worth 12d. From small fishings above Kirkeby half a mark. The freeholders of Westmerland pay 104s. -id. The Court of Kendale worth one year with another and formerly extended at 20/., is now 18/., being lessened 40s. by the purparty of John de Bella Aqua. From stallage, small herbage, pannage with honey and squirrels, 102s. Total, 197/. 17s. 3|f/. The jurors say that said manor has fallen in the purparty of Margaret de Eos, the last born daughter and one of the heirs of Peter de Brus, and is held of the K. in ccqnte. [Inq. if. m., 3 Edw. I. No. 26.'] Much defaced by galls.

Aug. 27. 17. The K. commands Galfrid de Neville and Guychard de Charrun to inquire whether Alexander K. of Scotland, and his men of Penrith and Salkeld, were wont to have common pasture in the K.'s park of Plumpton, enclosed in the time of Henry his father or not ; and if so, by what metes and bounds ; and whether they have ' husbote and ' heybote ' in the K.'s forest of Englewod, or not ; or estover in said forest, and at what time, and of what kind. Windsor. [Patent, 2 Edvj. I. m. 8, dor so.]

Aug. 25. 18. The K. to the Sheriff of Derby. Having granted to Alan Dur- ward the castle and manor of Bolsover during pleasure, commands him to deliver the same to Alan. Windsor. [Patent, 2 Edw. I. in. 12.]

Aug. 27. 19. The K. commands the keepers of the Bishopric of Durham, out of its first issues, to pay A[lexander] K. of Scotland 175/., for his expenses during 5 weeks ; viz, 100s. daily coming to Westminster at the K.'s mandate and thence to his own country. Westminster. [Close, 2 Edw. I. m. 5.]

CALENDAK OF DOCUMENTS

Edward I. 20. The K. to Stephen de Pennecestre, constable of his castle of

Dover and custos of the Cinque Ports. The K. lately commanded him

1274. to see that the wool and merchandise of Walter de la Bothe and other Aug. 28. merchants of Aberdene, seized by John Adrian at sea near Yarmouth and carried to Winchelsea, and still withheld from said merchants by certain persons, were delivered to tliem, wliich he has hitherto neglected to do in contempt. The K. learning this, and instigated by the K. of Scotland, straitly commands the constable to see his former mandates at once obeyed. Windsor, 28th August, 2nd year of his reign. IChancery Miscellaneous Portfolios, No. ^i.]

Sept. 13. 21. The K. has taken the homage of Walter de Corry, cousin and one of the heirs of Helewisa de Levynton wife of Eustace de Balliol deceased, for his portion of her lands held in capite, and restored him the land salvo jure altcrivs, and William de Boyville, escheator ultra Trent, is commanded to give AYalter seisin in terms of the partition lately made between Walter and his coparceners, retaining in the K.'s hand the shares of Piichard de Kirkebride who is under age and in the K.'s custody, and of Patrick de Sutheyk, till further instructions. Windsor. [^Fine, 2 Ef/w. /. m. 10.]

Sept. 14. 22. The K. commands payment yearly to Walter de TothuUe, chaplain celebrating divine offices in the church of St Margaret, AVestminster, for his dearest sister Margaret Queen of Scotland, 60s. for his stipend so long as he officiates in the aforesaid church ; as he was wont to draw at exchequer in the time of K. H[enry] of renowned memory. Windsor. [Liberate, 2 Edw. I. m. Jf,, and State Paper Office, Privy Seals, Bundle II.]

Sept 23. 23. Alexander [III.] K. of Scots to the Iv. As it is a duty to attest the truth, he signifies that with his assent, Cristiana widow of Walter de Lyndesay, has married Walter de Percy within his [Alexander's] kingdom. Lochcumberay, 23 September 26 of his reign. [Royal Letters, No. 1277.]

Sept. 26. 24. Inquisition [under Writ dated Westminster 25 June previous] at Carlisle, on Wednesday next before Michaelmas in the 2nd year, before William de Boyville, escheator idtra Trent, whether Robert de Eos of Werk died seised in the manor of Cargou, or merely by demise from Sapientia widow of William de Carlisle, junior, by William Armestrangh', Adam de Tynemue, Walter de Bampton, Pilchard de Berwys, Geofifry son of Ivo, Eobert son of Ivo, Adam son of Lylias, Alan de Eosywyne, Eobert de Ettardby, Adam de Camera, William de Varetheby, and William de Mikiltwayt, who say that he neither held of the K. in capite, nor by demise from the said Sapientia ; but that he died vest and seised therein as of fee, and held of Sapientia, paying to her yearly a hawk or a silver mark and doing foreign serv-

DELATING TO SCOTLAND. 7

Edward I. ice for her to the K., viz. 32d. of cornage to the Exchequer at Carlisle.

The chief messuage with curtilage and garden is worth 3s.; 79 acres

1274. in demesne, each worth l'2d. ; 3^ acres and J a rood of meadow, each worth ISd. ; 14 bovates of land are each worth 95. There are cottars paj'ing for their messuages and curtilages 27s. 7d. There are free- holders by charter, paying 3s. 6d. The mill is worth 4/. The fishings are worth 60s. There are 5 acres of ' forlandis ' worth 5s. The widow of said Robert de Eos is dowered therein. Append their seals. [Inq. p. m. 2 Edw. No. 26.] No seals.

Michaelmas 25. The K. commands the Barons to examine the rolls of Term. Exchequer, and of the wardrobe of K. H[enry], and certify under seal how much is in arrear to the K. of Scotland of those 5000^. which the said K. Henry granted to him when he married Margaret the K.'s sister ; tliat the K. may do right regarding the balance. {^Memoranda, L. T. E., 1 & 2 Ediv. I. m. 1, d.orso.']

Oct. 11. 26. The K. to the Barons of Exchequer. As the late K. gave to Alan Durward who holds the manor of Bolsover for life, 12 marks of tallage imposed on the men and tenants of the manor, the K. commands that they be freed thereof. Tower of London. [Close, 2 Edw. I. m. 3.]

[Circa 27. Patric de Sutheyk one of the heirs portioners of Helewisa de Oct. 13.] Levintone deceased, who held of the K. i)i capite, appoints Walter de Twynham to receive his share. [Westminster.]

Walter de Twynham, another of said heirs, appoints Eudo de Beauchamp to receive his share. [Close, 2 Ediu. I. m. 4, dorso.]

About same 28. Partition of the heritage of Helewysa de Levintone : —

date. (1.) The part falling to Eobert de Hampton [consisting of the capital

messuage of Skelton, with garden and other lands and rents specified in detail], 13/. 18s. od.

(2.) The part faUing to Patric and Pioland de Carrik [in detail], 13/. 18s. 7d.

(3.) The part falling to Walter de Twynham [consisting of land in Unthanc, Staffold, Botecastre, and Skelton in detail, not summed up, but probably], 13/. 85. 7d.

Note that the chiirch aclvowsons and knight's fees, and the dower of Eobert de Paveli's wife, who was formerly wife of Richard de Levinton, are not divided.

(4.) The part falling to Eichard son of Eichard de Kirkebride, who is under age [consisting of the manor of Levintone, with garden and other lands, in detail], 13/. 18s. 5d.

CALENDAR OF DOCUMENTS

Edwakd I. (5.) This part is assigned to Walter de Corri [the details amouut

to] 13/. 18s. 2,d.

1274. (6.) This part must be assigned to Patric de Sutheyc, Kyrkandres,

[and others in detail not summed up, probably] 13/. 14s. lid. {Close,

2 Ed IV. I. in ^, dor so, in 3 schedules.]

Oct. 16. 29. Northumberland : — G. de Charrnn and W. de Northburg are appointed to hold an assize of novel disseisin arraigned by Constancia widow of William de Duglas, against Nicholas Pun- charde and others, concerning a tenement in Billesdone. [West- minster.] [Fatcnt, 2 Edw. I. m. 4-, dorso,]

^ Oct, 20. 30. Northumberland : — Constancia widow of William de Duglasse, gives 2 marks for a writ ad terminum. Westminster. She also gives half a mark for an assize to be taken before O. de Charrun and W. de Northburg. (Oct. 21.) [Fine, 2 Edu\ I. m. 5.]

Oct, 20. 31. The K. commands the Barons to allow the executors of Eustace de Balliol, formerly Sheriff of Cumberland and keeper of Carlisle Castle, in his debts at Exchequer, 200/. which he laid out, besides 304/. 14s. lid., in the keeping and munition of said castle during the disturbance and war in the kingdom, and in knights' and sergeants' pay there ; viz., 2 knights, each at 2s. daily ; a sergeant with a barbed horse at 12^/ ; 14 esquires, each at 6d. ; 9 crossbowmen on foot, each at od. ; and 36 archers on foot, each at 2d. ; viz., from the close of the 47th year of K. Henry till the feast of St Lucia Virgin, 49th year of same K, for one year and 70 days; and also for the expenses of Hugh de Balliol, Guido de Balliol and other knights, divers sergeants-at-arms with barbed horses, esquires with breast- plates, foot crossbowmen and archers, at different times coming in aid of the munition of the castle, and while there, for said time ; and also the cost of 15 archers on foot there for 25 days after the said feast of St Lucia, year foresaid, while the said Eustace came to Court to deliver the castle ; of all which he rendered an account in the late K.'s wardrobe, as attested by Eustace's rolls, long ago transmitted by the late K. to Exchequer. And after such allowance of 200/. they are to enrol the other 304/. 14s. lid, of surplus, unless an allowance and enrolment has been made by the late K.'s writ for Eustace in his life, or afterwards for his executors. Westminster. [Liberate, 2 Edtv. I. m. 2.]

Oct. 25. 32. As Alianora widow of Koger de Quency earl of Winchester, is dead, the K. commands the escheator of Ireland to take all her lands there in the K.'s hand. Westminster. Similar writ to the escheator ciira Trent, for her lands there, and those which she held in dower of the late Earl's lands. Ibid. [Fine, 2 Edw. I. m, 3.'\

EELATING TO SCOTLAND. §

Edward I. 33. Compotus of Geoffry de Neuband, [for the issues of the

Bishopric of Durham, from 20th August till 12th November

1274 next year.]

Nov. 13. To A[lexaiider] K. of Scotland for these 100s. a day which he draws from the K. on each coming to England, at the K.'s mandate, assigned to him by the K., from the issues of the bishopric, for his expenses at the K.'s coronation, 175^.; by the K.'s writ. [Pvpc, 2 JEJdic. I. rot. 18, dorso.']

Nov. 13. 34. Inquisition made at Traqueyr on Tuesday next after the F. of S. Martin, 1274, whether Agatha Spick has right to a house and pertinents in the vill of Traqueyr. The jurors, William the Smith,

Thomas Andrew Suerwyn, Gilbert Mandewel, Kichard Euffus,

Thomas of le Scheie , Thomas Bunting, Gilbert of

Ormeston, William son of Gilmor of [Ormeston, Eichard ?] the Miller, Eoger of the Mount, say that Agatha had this right, that Eobert Spick her brother bought said house and pertinents from Lady Ada wife of the late Sir Henry de Brade, by charter, and died seised therein. [Chancery Miscellaneous Portfolios, No. 11.] Partly obliterated.

Dec. 3. 35. The K. to his escheator ultra Trent. Having lately taken the homage of Walter de Twynham, Walter de Corry, Eobert de Hamptone and other co-heirs of the late Helewisa de Levyntone wife of Eustace de Balliol, and restored the same to them, salvo jure, and having commanded the then escheator to appor- tion the lands taken in the K.'s hand on account of the death of Eustace de Balliol, and give the heirs seisin — and understanding by the complaint of some of them that he had not made the division properly, and these have asked the King to equalise the shares, commands the escheator to extend and divide the lands equally. Clyve. [Close, 3 Edw. I. m. 2S.]

Dec. 3. 36. The K. to his escheator citra Trent. Signifies that he has taken v the homage of Margaret de Eerariis countess of Derby, eldest daughter and one of the heirs of Eoger de Quency earl of Wynton, for her purparty of the lands lately held in dower by Alianora de Vaux, late countess of Wynton, widow of the said Eoger ; also of Elena la Zusche, another daughter and heir of the said Eoger for her purparty, and restored to them their portions, according to the partition lately made between them and the attorneys of Alexander Comyn eart of Buchan, and Elizabeth his wife, the third daughter of the aforesaid Eoger ; and commands him to give seisin to the said Margaret and Elena, in terms of the ' schedules herewith enclosed,' retaining that

10 CALENDAR OF DOCUMENTS

Edward T. of the Earl and Countess of Buclian, till they do homage. Clyve.

[Close, 3 Edw. I. m. 25.]

1 974 -^^^^ schedules are appended, three containing the partition by lot, and

t]ie otlier two being letters or instructions to the escheator. They are much blackened with galls, but the capital messuage of Suhou cum Eynesbiri, with garden, vineyards, vivary, and others, is allotted to the Earl and Countess of Buchan ; those of Schepesheved and Chinnoure being divided between the Countess of Derby and Elena la Zouche.

Dec, 28. 37. The K. commands the Barons of Exchequer to allow the late keepers of the bishopric of Durham 175/., paid by them to his brother and liege A[lexander] King of Scotland, for the 100s. ^:>cr extern drawn by him on each visit to England at the K.'s mandate, which the K. assigned to the King of Scotland for the expenses of his journey to the coronation. Woodstock. [Liberate, 3 Edw. I. m. 12.]

1274-75. 38. Northumberland: — Robert de Hampton accounts for two years past, and John de Lythegreines for this year, — in lands granted to the K. of Scotland in Tindale, £10. [Piije, 3 Edw. I. rot. ^.]

This grant repeated annually till the roll of the King's 12th year ; when all such grants throughout the kingdom were enrolled in a separate roll, and ordered to be read at the sheriff's yearly accounting at Exchequer.

[Jan. 31.] 39. Cumberland: — G. de Charrun and "VV. de Northburg are appointed to hold an assize of novel disseisin arraigned by the Prior of the Church of the Blessed Mary of Carlisle against Alexander King of Scotland, and others, concerning common pasture in Soureby. [Overtone]. [Patent, 3 Edw. I. m. 32, dorso.]

\/ Feb. 5, 40. The K. at the prayer of his brother and liege Alexander K. of

Scotland, and his sister M[argaret] Queen of Scotland, his consort, of his special grace, grants to Alexander Comyn earl of Buchan, that as Elizabeth his wife, one of the daughters and heirs of the late R[oger] de Quency earl of Wynton, is pregnant and near her delivery, she may remain in Scotland, and not come personally to the K. for her heritage ; and the K. will restore to her husband his wife's share of her father's succession at his next coming to the K. Caveresham. [Close, 3 Edw. I. m. 24-, dorso.]

Feb. 17. 41. John Armestrang has a protection to endure for a year. Wyndsor. [Patent, 3 Edw. I. m. 30.]

1275. 42. The K. to his escheator idtra Trent. Having taken the

April 30. homage of Rolland de Kerryk the husband of Matillidis, cousin and one of the heirs of Helewisa [de Levynton] for his wife's share, and delivered it to them, and the escheator having since, on account of RoUand's death, taken the land on the K.'s hand to Matillidis' great loss, the K. commands him to restore the same to her, with all issues since Rolland's death, as she has done homage. Westminster. [Close, 3 Edw. I. m. 18.]

KELATING TO SCOTLAND. 11

Edward T. 43. Essex and Hertford : — The sheriff is enjoined to free Eichard de

Brus from the demand made on him for 238/. lis. 7ld., and release

1275. his avers, '&c.,' and to distrain Eoberto de Brus his father to pay the Easter said sum by the morrow of the Nativity of St John Baptist. Term. {^Memoranda, Q. B., 2 & 3 Edio. I. m. 9, dorso.'\

May 3. 44. The K. commands his escheator ultra Trent, to restore to Alexander] K. of Scotland all his lands, which he had taken in the K.'s hand on account of the death of Margaret the K.'s sister, ]ate wife of said K., with all their issues, to be held salvo jure Begis et alterius cufuscunquc. Westminster. [Close, 3 Edw. I. m. 17.]

[About 45. Cristiana de Maulea, who is going beyond seas, empowers beginning Peter son of John, and Eobert of Eeltham, to appoint attorneys in her of May.] name for a year. [Close, 3 Edw. I. m. 17. dorso.]

May 10. 46. Nicholas Corbet came in the K.'s chancery and appointed Nicholas de Yetham and Eichard de Hoyland, or either of them, to prosecute before the K. his purparty of the heritage of Avelina, late wife of Edmund the K.'s brother, of the heritage of Muntfichet. Westminster. [Close, 3 Ediu. I. m. 17, dorso.]

May 19. 47. The K., considering that his late father granted to John Comyn 200/. of the fines and amercements and other issues of his Justices errant in Cumberland, permits same to be levied at the next justice eyre and paid to John. By the K. and Council. West- minster. [Patent, 3 Edw. I. m. 23.]

May 23. 48. The K. grants to Alexander earl of Buchan, that Thomas de Kynros and another may appoint and remove attorneys at pleasure, for two years from Ascension Day ; and that the Earl and Elizabeth his wife be free of common summons in all countries where they have lands, The Earl appoints these attorneys to receive his wife's purparty of her father's lands. The K. empowered the said Thomas to receive attorneys on behalf of the said Countess in all her pleas with like powers. Westminster. [Close, 3 Edw. I. m. 17, dorso.]

May 26. 49. The K. commands his escheator idtra Trent to allow Alex- ander de Balliol and Alienora de Genovere his wife to hold the castle of Mitforde, as they formerly did. Westminster. [Close, 3 Edw. I. m. 15.]

May 28. 50. Writ empowering the K.'s escheator idtra Trent to sell or lease from year to year, to John Comyn, the ward of the lands and the heir of Eichard son of Eichard de Kirkebride lately deceased, at present in the K's hand, with any other wards that may fall to the same. Westminster. [Originalia, 3 Edw. I. m. 16. See also Originalia, 4- Edw. I. m. '29.]

12 CALENDAE OF DOCUMENTS

Edwakd I. 51. Inquisition (under writ dated Westminster 10 May previous)

made at Carlisle on the morrow of Holy Trinity, in the K.'s 3rd year,

1275. before Philip de Wylghoby, the K.'s escheator ultra Trent, by John de June 10. Ireby, Alan de Brunfeld, Thomas de Laugrig, Eichard Buche, Eudo de Skirewyt, Geoffry de Eagton, Eobert his brother, William de Ulvisby, Eeyner de Kircosuuald, Adam de Thorisby, Eichard de Beruys, and Uctred Franciscus of Kircosuuald, who found that Eobert de Warthewyc sub-escheator in the county of Cumberland has ejected V Sir Eobert de Brus and Christiana his wife, from certain lands in

Gamelesby and Glassanby, and afterwards delivered five parts of same to Eobert de Hampton, Walter de Twynham, Walter de Corry, Patrick de Suthayc, Patrick Trumpe, and Matildis widow of Poland de Carrig, the heirs of Helewysa wife of Eustace de BaylloU; that Eobert and Cristiana had arraigned a plea of novel disseisin against the sub-escheator and others, and recovered seisin of said five parts ; and that the said Sir Philip still detains in the K.'s hand the sixth part of the foresaid lands by reason of Eichard son of Eichard de Kirkebryde, another of Helewysa's heirs, who is still a minor. They append their seals. [^Inq. p. m. 3 Ediv. I. No. 4^6.] Seals gone. The K. on 20 June commands the said 6th to be delivered to them, saving the heir's right when he comes of age to challenge same. [Close, 3 Ediu. I. m. 9.]

June 14. 52. The K., for a fine of 80 marks made by Walter de Percy of Kyldale, payable in moieties at Candlemas and Midsummer following, has pardoned Walter's trespass in marrying Cristiana widow of Walter de Lindeseye without the K.'s leave ; and the escheator uU)'a Trent is commanded to restore them their lands. Westminster. Memorandum: — John de Vescy guarantees the debt for Walter. [Fine, 3 Echv. I. m. Ql. Originalia, 3 Edvj. I. on. 19.]

Juno 20. 53. Mabilia de Chaumpayne, about to set out for Galloway, appoints Eobert de Styvecle her attorney for 3 years. [Close, 3 Edw. I. 111. 12, doTso.']

>/ June 21. 54. The K. signifies to the Treasurer and Barons that of his special grace he has permitted Eobert de Brus to pay his debts at Exchequer by equal moieties at Michaelmas and Easter next. Westminster. [Fine, 3 Edw. m. 18.]

Aug. 15. 55. Alexander [III.] K. of Scots to the K. Informs him that he has learned that certain men of a Baron of his, Alexander of Argyll (de Argadia), touching at the K.'s port of Bristol, were arrested there with their vessel and goods on suspicion of piracy. But that the K. may see they are the writer's liegemen, he sends the names of some — first Master Alan, the ' gubernator ' of the vessel ; another is Gilfolan Kerd, and their comrades, names unknown at this date. Begs the K.

RELATING TO SCOTLAND. 18

Edward I. to cause the bailiffs of Bristol to permit the men freely to depart for

Scotland with their goods. Elgyn, 15 Aug., 27 of his reign. {Tower

1275. Miscellaneous Bolls, No. *^'.]

Michaelmas 56. Eobert de Bruis is commanded to send all the rolls of / Term, whatsoever justices he has in his possession, under his seal, to the Exchequer at Westminster. [Memoranda, Q. B., 3 & 3 Edv.\ I. m. I]

Michaelmas 57. Alan de Chartres is permitted to pay the 405. he owes the K. Term because he is not yet a knight, one moiety at Easter, and the other at May next. [Memoranda, Q. B., 3 & 4. Edu\ I. m. 3.]

Oct. 22. 58. The K. to G. de Charrun and W. de Northburg, Walter de Swethope having shown how in the last disturbance of the realm, and after the peace of the late K. had been proclaimed, Gilbert de Umfraville imprisoned him in his castle of Hirbotel till he extorted a fine of 100 marks, and after the late K.'s death, and the K.'s peace had been proclaimed while he was yet beyond seas, Gilbert, by his wife Elizabeth, and his men, extorted 10/. from the complainant, by threats of burning his house and goods, pulled down his house in Doctrees, and, cutting out the timber, did his will with it, and drove two heifers of Walter's and their sequela, from his common pasture, to his forest of Eedesdale, and marked them with his own ' iron brand,' and yet detains them. And since the K. has taken Walter, his men, lands and possessions under his protection, Gilbert so disquiets and afflicts him, that though formerly he could entertain his visitors hospitably, he has now scarcely sufficient for himself and his children. The K. compassionating the complainant's state, and willing to do justice, commands them to hold an inquiry, and dispose of the com- plaint according to law. Westminster. [Pcdent, 3 Edu\ I. m. 5.]

Oct. 24 59. Alexander [III.], K. of Scots to the K. Has received his letter regarding the plunder of some merchants by sea-robbers, who were said to have refuge in Scotland. Has caused his justiciars, sheriffs, ♦ an others to make strict inquiry, and will do justice on the trans- gressors when found, according to the laws and customs of his own realm. Strivelyn, 24th October, 27th of his reign. [Borjal Letters, No. 1316.]

Nov. 14. 60. Alexander K. of Scots to the K. Earnestly entreats him to show favour to Alexander Steward of Scotland, in the business which the latter's messengers the bearers will declare viva voce ; on whose behalf he has already written. Giving such effect to his inter- vention that the Steward may rejoice thereat. Eoxburgb, 14 Nov., 27 of his reign. [Boijal Letters, No. 1278.]

U CALENDAR OF DOCUMENTS

Edward I. 61. These are tlie demands of Alexander the Steward of Scotland,

to our lord the K. of England by his messengers.

1275. The Steward relates how he bought from ' mi sire' Edward, now

Nov. 14. K., the ward of the land of Skipton in Craven, for 1500/. sterling, then held by Sir Simon de Montfort, and as Sir Edward wished the Steward to have immediate seisin, he caused him to grant his letter patent, binding himself to pay 500/., but not having [the ward] has not yet paid a penny. Nor could the Steward have seisin, for Earl Simon did not hold the ward for more than a year after the sale, to the Steward's great damage. The Steward came to the country and paid to 'mi sire' Jon le Bretun 1061/. 16s. sterling; and to a ' vallet ' whom Ingeram had, 400 marks to pay merchants at the fair of Lynn, by view of ' misires ' Eou Dunyung and Williame de Salynis. Meanwhile he was attorned by * mi sire' Edward to pay 300 marks to Sir Eichard de Bedeford ; who lent them to him on condition, that if not paid at a certain day and term, he should lose all he had paid for the ward of Skipton. Having granted his letter to Eichard to this effect, 200 marks were duly paid to Eichard, but the third 100 could not be, for the Steward's letter had been delivered to ' mi sire ' Edward, who did his will with the ward under the above condition, but did not refuse the Steward's messenger, for he was attorned also to pay for ' mi sire ' Edward to Benard Nicholas and Arnulph Griffin 66 or 68 'livres,' which money was never paid by the Steward, in misprision by him of ' misire ' Edward and the merchants. It must also be remembered how the Steward on his way to England to ' mi sire ' Edward, to agree with said merchants for the debt, was robbed between Blye (Blyth) and Tuckisford of nearly 500 marks sterling, and lost all his horses and harness, and was detained by Eobert de Wyleby till he got a fine from him. But since this is all passed, the Steward, who has spent and lost much about this ward, humbly prays our Lord the K. for his grace in a ward or marriage to him or any of his children that he be not a loser. ' Kar pleder ne went, mes le resun bust.' He puts himself in the K.'s grace and asks a written answer by the messenger. Norman French. [Eoijal Letters, No. 1788.]

Dec. 29. 62. Alexander [III.] K. of Scots to the K. He has received his

letter as to collecting the aid for him within his liberty of Tyndalle,

but cannot reply thereto plainly without first consulting his magnates.

Will do so as quickly as possible, and send his answer. Brechyn,

29th December, 27th of his reign. [Boyal Letters, No. 1317.]

[1275.] 63. The K. of Scotland's Betitions :—

First. The ward of Sir Henry de Hastinges' lands within the liberty of the earldom of Huntingdon, as freely as his predecessors held it by their charters. Let him shew them.

Second. Regarding the [manor ?] of Wheteley in Nottingham

RELATING TO SCOTLAND. 15

Edwaed L ' the process whereof we deliver to you,' Let Mm shew the

same. ....

1275. Third. Eegarcling [100 acres and more ?] of his land enclosed in the park of Plumton

Fourth. Regarding the park of Morton closed by Thomas de Norman vile, in circuit about 10 'leucas,' wherein the men of his manors in Cumberland had common with their swine all the year, in wood and plain, or lawns, except in the fence month. Afi^mrs to have heen enclosed, as the K. had the escapium of the K. of Scotland's animals taken in the lawns.

Fifth. Regarding the 100s. daily which the K. of Scotland is wont to have on all his visits to the K. of England's Court, and stay there. He does not come at the K.'s mandate, hut to do his devoir to the K.

In the above petitions the K. of Scotland seeks, with his justice, grace and favour.

He also asks for his men : —

First. That Alexander de Ergadia's vessel, captured with goods at Bristol to the value of 160 marks, be released. Granted, as it seems right.

Second. For a burgess of Lethe in Scotland poinded in ' Le ' Hulle ' for Sir John Cumyn, by John de St Nicholas and Robert de Mikelgate, burgesses of York ; who lost thereby 100^. sterling. Let him le delivered as seems just.

Tliird. That the Charter by H. K. of England, of happy memory, to the burgesses of Berwick, be confirmed bf the K. The K. will do what is fitting. [Chancery Miscellaneous Portfolios, No. ^^.] Much defaced.

[Circa 64. [Memorandum regarding the Descendants of Waldeve lord of

1275.] Allirdale, younger brother of Gospatrick (II.) and Doliin,

and of his nephew William fitz-Duncan earl of Murray.]

Earl Cospatryk, formerly earl of Dunbar in Scotland, had a brother, Doliin earl of Northumberland, who, both being bastards, had a legitimate brother Waldeve, and a legitimate sister Etheldreda. Waldeve and Etheldreda were of one father and one mother. After Ranulph de Meschinis came to England with William Bastard the Conqueror, that King gave him all the land from the place called Rere Crosse upon Staynmora, as far as the river towards Scotland called Sulewaht [Solway] to the true marches there between England and Scotland. And the said Ranulph was then created Earl of Karliol. Ranulph gained the forsaid Waldeve as an ally on account of the war between the Scots and England, as he was a Scotsman, and gave him for his service the whole Barony of Allerdale, from the place called Wahtelpole as far as Derwent, saving to him- self all his venison.

1/

16 CALENDAR OF DOCUMENTS

Edwakd I. jf The said Waldeve gave to Odard de Logys seneschal o£ Eanulph

cle Meschinis, the vavassory of Wygetona with its townships and their

1275. pertinents, for his service, doing to him the service of cornage, 'forynsec,' pannage. Odard founded the church of Wygetona in said forest.

jf Waldeve also gave to Melbeht, his servant who came into the country with him, the whole vill of Bramfield, saving to himself the advowson of the church.

To Waldeve succeeded his son and heir Alan, who was under age

V and in the ward of K. David of Scotland, who held the land of Cumbria (for there was war between K. Henry, not yet King, nephew of said David, and son of the Empress Matilda, and Stephen the King, uncle of the aforesaid K. Henry), and on obtaining majority obtained all his father's land in Allerdale.

jf Alan had a bastard brother on his father's side, by name

V Cospatryk, to whom he gave the township of Bolton within the forest, and Bastenthwyt outside the forest, and Hestholm in Derwen- watre.

If And the said Alan gave, with the ' corpse present of his son,' the Holy Eood of Karliol and the church of Aspatrik, and the service of the ancestors of John de Brayton in the same forest, and the church of Crosseby, and the fourth part of the said vill which Uhtred formerly held ' in the forest and out forest,' the church of Hyrby, and the service of Ysac de Yrby's ancestors in Ysacby.

jf The said Allan superenfeoffed his knight Utred son of Lyolf, in the vill of Aylewardby, which Thomas de Louther and Peter de Dayncurt now hold.

jf And William fitz Duncan, formerly earl of Murreve [Moray] nephew of said Alan, begotten of Etheldreda sister of his father Waldeve, succeeded to Alan.

jf The said William held the whole barony of Allerdale, except Palmcastr' which is land in the forest at present, on account of the war moved between the K. of Scotland and the said William, who had espoused Alicia de Eumeley daughter of Robert de Rumeley lord of Scyptona, who had formerly espoused the daughter of William de Meschinis lord of Couplande.

jf The said William begot of his said wife William ' the Boy of * Egermund ' who died in minority ; and three daughters, the first of whom, Cecilia, was married, with the honour of Scyptona, to William the Gross earl of Albemarle, by the foresaid Henry, then King of England, being in the K.'s custody as a minor; and the second, Amabillis, was married to Reginald de Lucy with the honour of Egermund, by the K. in her minority ; and the third, viz., Alicia de Rumeley, was married to Gilbert Pypard of the K.'s household, with the Honour of Cokermu, by the K. in her minority.

jf William fitz Duncan's son thus dying in minority, the three

RELATING TO SCOTLAND. 17

Edward I. daughters were in ward of K. Heary, grandfather of K. Henry [III.]

who DOW lately was. The eldest, who was married to William the

1275. Gross earl of Albemarle, was succeeded by Hawysia her daughter and heir, to whom William de Fortibus earl of Albemarle succeeded, and to him William who lately was'. And to him succeeded Avelyna his daughter and heir, whom the Lord Eadmund, brother of the illus- trious K. Edward, espoused. Avelyna [is] dead without an heir. The second, Amabyllis, v/ho was married by the K. to Beginald de Lucy, was succeeded by Eichard de Lucy, to whom have succeeded Amabillis and Alicia de Lucy. The third was married by the K. to Gilbert Pypard, who died without an heir; and the K. H[enry IL] died, and Richard his son was afterwards created King and went to the Holy Land. And Queen Elyanora his mother married the said Alicia to Bobert de Curteney, knight, her ' coguatus,' who held the whole Barony of AUerdale all K. Eichard's life, and in K. J[ohn's] time, until he died vathout an heir.

And it is to be noted that when the war v/as moved between the King of Scotland and William fitz Duncan (the father of Cecilia, Amabillis, and Alicia), Eoger Goky, who was with the K., presented himself and begged from him for his service the land of St Hilda in Ingylwode, which the K. gave him of the heritage of these sisters, and he held it for almost 30 years and more. And at the close of his life he became a ' conversus ' of the Abbey of Holm, and before his death they [the monks ?] came to K. J[ohn], who granted it to them as the said Eoger Goky formerly held it, Eobert her husband being alive. So that for the present no right should pass. [Toiver Miscellaneous Rolls, iVo.*f .]

Perhap-s a statement by the monks of Holmcoltrani, see vol. i., Ko. 615.

1275-76. 65. As E[obert] bishop of Dunblane in the K.'s presence om- Feb. 14. powered Eobert Eobery, and William son of Walter de Eotingtone, to appoint attorneys in his name in all his pleas, the K. of his special grace commands his bailiffs and others accordingly during the Bishop's life. By the K. in presence. Queryntone. [Patent, J^ Edw. L m. 30.]

Feb. 14. 66. The K. grants to Eobert bishop of Dunblane freedom for life from sheriffs' turns in the wapentakes of Brokolvestowe and Eiseclyve in the county of Nottingham, and that he be quit of two * advents ' yearly due by him in said county. Poltone. [Patent, Jf, Ediv. L m. 30.]

Feb. 24. 67. Maria Queen of Scotland, mother of the K. of Scotland, has a safe conduct to England to visit the threshold of the Blessed Thomas the Martyr till the Feast of St John the Baptist nest. Banuebiri. [Patent, \ Edw. I. m. SO.]

VOL. II. B

18 CALENDAR OF DOCUMENTS

Edwakd I. 68. Elena la Zusclie, who is going to Scotland, empowers friars

Geoffry and Thomas of Brackele to aj^point attorneys on her behalf,

1275-7G. till Easter next, and for a year after. Bannebiry. [Close, 4- Ediv. I. m. Feb. 24. 15 dorso.]

1276. 69. The K., of his special grace, grants leave to Eobert de Eos

March 30. with his own hounds to hunt the fox in all the K.'s lands in Holder- nes till Pentecost next, but not to take the K.'s large game, nor hunt in other men's warrens. Sixle. [Close, 4- Ediv. I. m. 13.]

[April 6.] 70. Northumberland : — Two justices are appointed to hold an assize of novel disseisin arraigned by Alan de Ormistone against Eobert de Halielaude bishop of Durham, and others, concerning a tenement in Twyshille. [Lincoln.] [Fate7it, 4- Edio. I. m. 27, dorso^

April 18. 71. Inquisition [under writ of ' diem clausit extremum,' dated at Lincoln 6th of same month, addressed to the Sheriff of Cumberland the K.'s escheator there], on Saturday next after the octave of Easter in the 4th year of the K.'s reign, at Carlisle, regard- ing the lands held by Johanna de Stuteville ; made by Eobert de Crogelyne, Eeyner de Kircoswald, William de la More, William de Neuby, John de Eoberdby, Eobert de Ettardby, Eobert de Lascelle, Henry de Aldinscales, Adam de Levington, John de Stapilton, Adam de Torisby, and Adam de Tynemue, before Sir E. de Hampton, sheriff and escheator aforesaid ; who say, that the said Johanna held the Barony of Lydel of the K. in capite. The capital messuage there is worth 5s. Id. In demesne, there are 74^ acres and a rood of land, each «7orth IQd. Total, 62.s. 2>^d. There is a ' claustura ' of herbage, worth 1 mark. Eight bovates of land, each worth 4s. &d. Total, 36s. Also ' forlandes ' and assarts outside of the forest, worth 8/. 15s. 0|^?. Likewise cottars, paying 13s. M. The bakery and brewery is worth 12s. The fishing is worth a mark. Also the mill is worth 13/. 6s. ^d. The advowson of the church of Eston is worth 10 marks. The freeholders pay 2s. A^d. Likewise from plough services, 4s.

If At Arthureth there is no capital messuage. There are 70 acres and half a rood of land in demesne, each worth 12fZ. Total, 70s. l\d. The farmers there hold 31 bovates of land, each worth 3s. 6^f/. Total 109s. 9^rZ. The * forlandes ' there are worth 61s. 2d. The cottars pay o2s. &d. There are 6^ acres of meadow, worth 18s. Also free- holders, who pay 9s. bd. The brewery is worth 7s. Plough services, 6s. The mill is worth 13Z. 6s. 8d

jf At Stubhille there is no capital messuage. There are 27 acres in demesne, each worth 8fZ. Total, 18s. There are 24 bovates, each worth 2s. 8^fZ. Total, 65s. The cottars there pay 13s. 2d. There is a meadow paying 6s. And ' forlandes ' worth 15s. Also the services of free men, 2s.

jf At Eandolf-levington there is no capital messuage. There are in demesne 33^ acres 1^ rood of land, each worth 12d; total, 33(?)s.

EELATING TO SCOTLAND. 19

Edward T. lO^d. There are 30^ bovates, each worth 2s. 6d; total, 76s. 3^.

The ' forlandes ' return 10(?)s. O^d. The cottars pay 15s. Sd. The

1276. brewery returns 8s. 2d. The carriages are worth 6s. 8d. The free- holders pay 3s. od. The marsh is worth 12d. And the mill, 9/.

ff There is a ward there in Bracanhille. In demesne 14 acres worth 20s. And 10| bovates, each worth 2(?)s. Total 42s. The cottars pay 4s. 8d. ; and the freeholders 5s. 8d.

jf There is a forest at Lydel, wherein is an assart with herbage, called ' Haytwayt,' worth 24s. lid. There is another assart with herbage, enclosed (?) within a hedge, called ' Mortwayt,' worth 34s. 6d. And another called 'Crosefeld,' worth 4/. 13s. 5^d. Another with herbage within a hedge, called ' Katkledy,' worth 4/. 2s. 6d. Also another en- closure within a hedge, called ' Standgarthesyde,' worth 72s, 5^d. Also another called ' Laugland,' within a hedge, worth 33s. 2d. A free man holds an assart called ' Brundscale,' worth half a mark. There are also in the forest, an assart with herbage, called ' Gresse- ' hope,' worth 4/. 10s. 4c/.; a close called ' Baylli,' worth 63s. 2d. ; another called ' Quelpedale,' worth 35s. 7d. ; another called ' ISTethyrbaylli,' worth 6/. 9s. 3|rf.; another called ' Catgarthe,' worth 50s. ; another called ' Eaburne,' worth 62s. 6d. ; and another called ' Wygarthe- ' twayt,' worth 4/. 7s. 2d . A fulling mill, worth 8s. ; and a water mill, worth 9^. 68. 8d.

jf In the city of Carlisle, 6 burgages worth 16s. were held with the above lands by Johanna in capite of the K. by corn age ; paying yearly at the exchequer of Carlisle, 56s., and suit to the county of Cumberland. Sir Baldewyn de Wake, son of the said Lady Johanna, is her nearest heir, and is of full age and more. They append their seals (all gone). [Liq. p. m. 4 JEdiu. I. No. 4.9.']

By three extents attached to the foregoing, .Johanna appears to have held • Kirkeby Moresheved, Cotingham, and other manors in Yorkshire, and the

advowsons of five churches, besides many ' bondi.'

May 5. 72. The K. confirms the grant by Agnes de Balliol, to her son Ingeram de Balliol of her land in Eoxton, from the Feast of St Barnabas Apostle, 1275, for five years thereafter, as contained in the writing between them. Westminster, [Fatent, 4 Edw. J. m. 25.]

May 10. 73. Margaret de Ferariis countess of Leycester, who is about to set out by the K.'s leave for Scotland, has letters of protection. Westminster. [Patent, 4 Edw. I. m. 26.]

May 11. 74. The K. to Alexander de Montfort and Guido Gobaud. Philip Eidale and Patric le Escot, merchants of Berwick, have shewn to the K., that while their vessel, laden with wool and other merchandise, was on its voyage to Dieppe, it was driven towards the coast near Sutton in Lindeseye, when Adam de Arderue suggested to the master that his ship and cargo must be lost, without his advice and aid ; whereon the master agreed to give a fourth part of the goods

20 CALENDAR OF DOCUMENTS

Edward I. if Adam removed and stored the remainder safely for the above

merchants' use. Adam removed the cargo to the value of 92/. where

1276. he pleased, leaving the remainder in the vessel without guard; whereon the men of the adjacent parts carried it off. As the master had no power to do so without leave of the owners, the K. commands Alexander and Guido to hold an inquiry and do justice. West- minster. [Fate7it, If. Edw. I. m. 23, dorso.'\

y • May 12. 75. The K. to his Barons of Exchequer. As his late father gave Isabella de Brus in exchange for her share of the earldom of Chester, by charter, which the K. has inspected, the manors of Writele and Hatfelde in Essex, with the half hundred of Hatfelde, for service of a knight's fee only, and they demand from Eobert de Brus her son and heir 100/. for his reKef, as if he held a barony, the K. commands them, after inspecting the charter and satisfying the K. for the relief as therein, to free Eobert from the 100/. and make an enrolment accordingly. Westminster. [Close, I^ Edw. I. m. 11 ; Memoranda, Q. R.,3 <&: 4 Edw. I, m. 7.]

June 3. 76. Alexander de Balliol, who by the K.'s leave in going beyond seas, has a protection till the feast of Candlemas next. Westminster. [Patent, J/, Edw. I. m. 21.'\

June 9. 77. The K to J. de Eeigate and W. de Northburgh. John Comyn has complained that Thomas de Whitewelle and Thomas de Carlisle of the town of Newcastle-on-Tyne and other malefactors, carried off his wheat, wines and other victuals, both at Tynedale and in a vessel within the said port of Newcastle, to the value of 200/. and have done him much damage elsewhere in the county. The K. commands them to hold an inquiry and do justice. Westminster. [Patent, 4- Edw. I. m. 19, dorso.'\

June 17. 78. Alexander le Tayllur, valet of Alexander] K. of Scotland, has a conduct to take six of the said K.'s horses from London to Scotland for his use ; till the Feast of St Michael next. Aldingburne. [Patent, i Edw. 1. m. 19:\

Aug. 14. 79. As the K.'s valet William fitz Glaye is sending his servants to the instant fair of Stirling, to buy horses and other animals for his use and bring them to the parts of Lindeseye, the K. commands that there be no hindrance in bringing the aforesaid ' avers ' to England. Seleburne. [Patent, If. Edw. I. m. i/.]

Sept. 14. 80. Maria Queen [Dowager] of Scotland, has letters of safe conduct coming to Canterbury on pilgrimage, remaining there, and returning to Scotland ; till Candlemas next. Boy tone. [Patent, ^ Edw. I. m. 10.]

[Oct. 1.] 81. Cumberland: — J. de Eeigate and W. de Northburgh are appointed to hold an assize of mortancestre arraigned by Adam son

EELATING TO SCOTLAND. 21

Edward I. of Thomas Threpelonde against Aldun de Ireby concerning two

acres and a half and a rood of laud in Threpelonde. [Worcester.]

1276. [Fatent, 4. Edw. I. m. 8.]

Oct. 26. 82. The K. to the Sheriff of Northumberland. The Bishop of Durham has shewn the K. that though the straight course of the Twede is the March between the kingdoms, and all the land and water on this side thereof is, and has been beyond the memory of man in Norhamschyre, within his kingdom, and^the bishop's Liberty, yet the justiciars and bailiffs of the K. of Scotland, with a multitude of the men of Berwyk, have crossed the said river at Twedemuthe, and hold courts and outlawries on land once covered by the sea and waves, as if the same belonged to Scotland. And some of the bur- gesses of Berewyk lately took a servant of the bishop within his Liberty, and imprisoned him at Berewyk, to the prejudice of the Crown and the bishop. The K., having admonished the K. of Scot- land to rectify the above matters, commands the sheriff, if amends be not made, to arrest all Scottishmen passing through or staying in his bailliary till satisfaction be made. Westminster, 26th Oct., 4th of the K.'s reign. [Boyal Letters, No. 127^:]

See also three letters, Edward to Alexander [III.], 21st OctolDer, 4th of his reign (1276) ; 4th Feb. 5th of his reign (1276-7) ; and 8th May there- after ; and one from the Scottish to the English K. about same date on same subject. \Tower Miscellaneous Rolls, No. -^^.J

Dec. 12. 83. Writs of military summons to 178 tenants in caiyite to meet Foedera, i. 537. the K. at Worccstcr in the octaves of St John Baptist next to repel the invasion of Lewelin son of Griffin, Prince of Wales. The following [among others] summoned: —

Gilbert de Umfraville, Earl of Angus ; Alexander Comyn, Earl v of Buchan ; Eobert de Brus of the valley of Annand ; Eobert de Eos of Belvere; Eoger de Lasceles; William de Lindesi; Alexander son of John de Balliol ; William de Eos ; Alexander de Balliol, lord of Chileham ; Nicholas Corbet ; Peter de Eos ; Baldewyn Wake ; Hugh Lovel. Windsor. \Glo&e, 5 Echo. I. m. 12, dorso^

Dec. 26. 84. M[aria] Queen of Scotland has safe conduct beyond seas and Foedera, i. 540. back. Cyreuccstre. {Patent, 4- Ediv. I. m. 26.]

1276-77. 85. [Wardrobe account of Philip de Wylugheby from 4th Nov. 57 Henry III. (on which day the K. arrived at the port of Trapolim) till St Luke the Evangelist's Day a°. 2°^^°.]

He accounts for 2 cups of gold with feet; weight, 61. 2s. lid.; one of which given by the K. to the Queen of Scotland, weighs 40s., [Pi2)e, 6 Edw. I. rot. 2i:\

86. London : — [Account of Stephen de Eddesworth from the Feast of St James, 52 Hen. III., till Sunday the Feast of St Hilary following.]

22 CALENDAR OF DOCUMENTS

Edward I. For the expenses of a messenger bringing to the K., then engaged in

Scotland, rumours eoacerning the state of the city of London, 10s.

1276-77. [Pipe, 5 Edw. I. rot. 18, dorso.]

Hilary term. 87. Dervorgilla, widow of John de Balliol, is permitted to pay the 30/. due to the K. of 40/. wherein she was amerced before the justices itinerant at ' the Stone Cross ' ^ for a default, by moieties at the quinzaines of Easter and Midsummer next, and Robert de Wamell, citizen of London, became security. [3£emoranda, L. T. R., Jf, & 5 Edio. I. m. 3,'\

1277. 88. Inquisition (under writ, dated York 4th of same month) made

March 31. at Stokesle before the K.'s escheator citra Trent, on Wednesday next after the F. of the Annunciation of the B. Mary, in the K.'s 5th year, by William de Hestynges [and 11 other jurors] who say that William Cosyn of Levyngthorp's lands in Levyngthorp, 14 acres, extended to 7s. yearly, were taken in the K.'s hand in the time of the former escheator, as he found that the said William remained in Scotland after the K.'s proclamation that all Englishmen should leave. But that he remained on account of weakness of body, being 90 years old, and in danger of death if he had returned, and they believe he never bore arms against the K. He died at Giseburn in Cleveland in the 4th year of the K.'s reign. Append their seals. [Seals lost.] [Inq. ];>. m. 5 Ediv. I. No. 71.]

Easter term. 89. Hertford : — Recognisance by John de Gisors, citizen of London, to William Comyn of Kilbride, for 100/. sterling, 20/. payable at the Feast of Holy Trinity next; 30/. at Michaelmas thereafter; and 50/. at Easter following. Afterwards he appointed William of Hecham of Essex, or Reginald of Kelbride, as his attorneys to receive the money. [Memoranda, L. T. B., J/, & 6 Edw. I. m. 5.]

April 18. 90. Alexander K. of Scots, to the K. He will attend to the wishes contained in his late letter, and send one of his lieges to him on Sunday next after the F. of Holy Trinity, being unable from arduous ajffairs to do so sooner. Who will treat regarding the controversies on the March according to the laws, usages and customs hitherto in use. Asks the K. if the day named will suit, and to inform him quickly. Neither now or hereafter will he do anything to injure the eminence of his Majesty. Forfar, 18th April, 28th of bis reign. [Boijal Letters, No. 1958.]

J April 20. 91. Alexander K. of Scots, to the K. He had lately received his letter informing him that Alexander Comyn earl of Buchan, and Elizabeth his wife, one of the heirs parceners of the late Roger de Quency earl of Wynton, asserting that Elena La Zuche, another of said heirs, had got a larger share of her father's lands than of right fell to her lot, had sued her in the Scottish courts to her damage, and to the ^ In the Strand.

KELATING TO SCOTLAND. 23

Edward T. injury of the K.'s dignity and Crown. He had not not heard of the

matter before, but would make full inquiry of the Earl, and

1277. stop such proceedings by him or others in future. Begs the K. not to be displeased at his tardy reply, for reasons assigned. Ky near din, 20th April, 28th of his reign. [Royal Letters, Ko. 1280.]

[1277.] 92. Alexander Cumyn earl of Buchan, Constable of Scotland, to / Soon after the K. He has received his letter desiring him to desist from any plea April, against Lady Elena la Zuche a co-heiress of the late Sir Eoger de Quency earl of Winton, regarding her heritage. Although the case between them in the K. of Scotland's Court was ready for judgment, yet to his own loss he has respited it at the K.'s command till he explains matters more fully, [No date or place.] [Toiver Miscel- laneous Rolls, JSlo. -f^.]

1277. 93. Alexander K. of Scots to the K. Informs him that on

June 15. Sunday in the octave of the Holy Trinity last past, he sent certain of his lieges duly empowered according to the tenor of his former letter. On which same day came Master Eoger de Betun and Sir Alexauder de Kirketun bearing the K.'s letters, which he received at Eoxburgh on the Monday following. From these, and his messengers' verbal explanations, he learned that some had given the K. to understand that things were on a different footing. Wherefore he replied to the messengers, that he would send his own envoys and return an answer on the said matters and others by them with all haste. That the K. is not to be anxious or ' moved ' on that account, or to give credence to any ' sinister ' reports ; as he is ever ready, and has been, to preserve the K.'s liberties and rights unsullied as his own, and as the K. has promised to do in regard to the latter. Eoxburgh, 5th June, 28th of his reign. [Chancery Miscellaneous Portfolios, No. 11.]

July 10. 94. Alexander K. of Scots to the K. Credence for W[illiam] Fcedera, i. 543. bishop of St Andrews, and others his envoys. Cupre in Fyfe. [Patent, 5 Edw. I. m. 7, in cedtcla.]

Aug. 1. 95. Memorandum of interview at Birkenhead between the K. and Foedeia, i. 544. the envoys of the K. of Scotland. [Patent, 5 Edw. I. m. 7, in cedula.]

Aug. 18. 96. Alexander K of Scots to the K. He and his children ' dis- ponente altissimo,' are in health and prosperity, as he unceasingly desires to know regarding Edward and his. Asks credence for what William bishop of Brechin, Thomas son of Eanulph, his chamberlain, and Master Thomas de Carnoto, his clerk, or two of them, the bearers, will more fully express to the K. Scone, 18th Aug., 28th of his reign. [Boyal Letters, No. 1279.]

Michaelmas 97. Cumberland : — As the bailiffs of the Liberty of [the King of] Term. Scotland were absent at the compotus, &c., [the sheriff] is ordered to

24 CALENDAR OF DOCUMENTS

/

Edwaed L enter the Liberty and levy from the said KiDg's goods and chattels,

200 marks which he owes the K. of two debts ; and to have the

1277. money by the morrow of St Nicholas. \J\Iemoranda, Q, E., 6 & 6 Eclw. L m. 8.']

Oct. 15. 98, Thomas de Kynros, going to Scotland by the K.'s leave, has a protection till the quinzaiue of Easter next. Shrewsbury. [Patent, 6 Edw. I. m. 4-]

Nov. 15, 99. Walter de Huntercumbe having by chyrograph demised to Philip de Eydale burgess of Berwick, the moiety of his vill of Lowyk, for ten years from Michaelmas last, the K, confirms the same. Eothelan. [Patent, 5 Edw, I. 7ii. i.]

Dec. 3. 100. The K. has taken the homage of William Locard, nephew and heir of the deceased Eobert de Hamptone, and Thomas de Normanville the K.'s seneschal is commanded to give him seisin of his uncle's land, Shrewsbury. [Originalia, 6 Edw. I. m. 1.}

1277-78. 101. ' See the schedule attached for the debts due to the Prior of c. Jan. 14. ' Chartuse.'

* The appointed fees ah antiquo in perpetuum.' There are due to the Prior of Chartuse from Selewode of the ancient fixed alms of the K. yearly, 33/. 6s. 8d To the Abbess and convent of Fontevraud, 82/. 10s. id. To a chaplain celebrating divine offices for the soul of the Queen of Scotland, 60s, [Close, 6 Edw. I, m. 16, dorso, in cedida.}

Feb. 4. 102. The K, having taken the homage of Ptobert de Pinkeny, son and heir of Henry de Pinkeny deceased, commands the Sheriff of Northampton to give him seisin of his father's lands. Dover. Similar writ to the Sheriff of Buckingham. [Close, 6 Edto. I. m. 13.]

[Feb, 7.] 103. York : — J. de Eeigate and W. de Northburgh are appointed to hold an assize of novel disseisin arraigned by the Abbot of Jedburgh against Gilbert de Umfraville and others concerning a tenement in Tronqunne. [Dover.] [Patent, 6 Edw. I. m. 21, dorso^

Feb. 20. 104. Alexander K. of Scots to the K. Sends to him William bishop of St Andrews and Sir William de Soules, asking credence for them in the matters which they will more fully intimate on his behalf, and that the K. would deign to signify his wishes in return. Scone, 20th Feb., 29th of his reign. [Boyal Letters, No. l!281.]

[March 2.] 105. Northumberland : — J. de Eeygate and W. de Northburgh are appointed to hold an assize of novel disseisin arraigned by William de Colevile against Peter de Morthingtone and others concerning a tenement in Spinylstan. [Hentone.] [Patent, 6 Edto. I. m. 19, iorso.]

March 19. 106. The K. commands the Sheri£P of Cumberland to respite his

RELATING TO SCOTLAND. 25

Edward I. demand on the K. of Scotland for 200 marks : viz., 100 marks due

by his father, and 100 marks due by himself, till the K. shall ordain

1277-78. otherwise. Donameneye. [Close, 6 Echo I. m. 11.1

March 20. 107. The K. grants a safe conduct to Alexander K. of Scotland, and his retinue, to come to London, within three weeks from the F. of the B. Michael, Archangel, next, under the escort of the Arch- bishops of Canterbury and York, and the Earls of Gloucester, Lincoln, and Warrenne. To endure till the F. of the Purification of the B. Virgin next. Dunameneye, 20th March, 6th of his reign. [Boyal Letters, No. 1286.']

March 20. 108. Writ to the Archbishops, bishops, sheriffs, and bailiffs to the above effect. [Same date.] [Royal Letters, No. 1287.]

Circa 109. Memorandum by the K. that the escort of the aforesaid K. March 20. of Scotland shall consist of W. Archbishop of York, Primate of England, through his province, and the bishops through whose dioceses the said K. and his retinue shall pass, and J[ohn] Earl Warrenne, H[enry] Earl of Lincoln, and the K.'s other lieges and bailiffs. [HoT/al Letters, No. 1285.] Appears to be a postscript to No. 1286.

March 20. 110. Cambridge : — Master Adam of Kirkodbright and Henry his brother give a mark for a writ ad terminum. Donameneye. [Fine, 6 Edw. J. m. 21.]

March 20. 111. The K. to Pt[obert] bishop of Durham. W[illiam] bishop of / St Andrews, and William de Soules having come on behalf of the K. of Scotland, the K. expressed to them his will regarding the excesses and outrages committed by Scottishmen on this side of Twede, the right line of which had always been held the March of the kingdoms. The K. signifies to the bishop that if the K. of Scot- land and his men keep on their own side of the river, he is to endeavour to maintain peace. Doneameneye, 20th March, in the K.'s 6th year. [A draft.] [Royal Letters, No. 1275.]

[Circa 112. Letters patent of W". Archbishop of York, Primate of England.

March 20.] He has by the K.'s precept issued letters of safe conduct to Alexander K. of Scotland and his retinue to come to England. [No place or date.] [Royal Letters, No. 1289.]

[Circa 113. Similar letters by the Archbishop, that he had received the March 20.] said K. and his retinue coming to England. [No place or date.] [Roijal Letters, No. 1290.]

[Circa 114. Similar letters by G[ilbert] de Clare earl of Gloucester. March 20.] [No place or date.] [Uo7/al Letters, No. 1291.]

[Circa 115, Similar letters by H[enry] de Lascy carl of Lincoln. [No

March 20.] place or date.] [Royal Letters, No. 1292.]

26 CALENDAE OF DOCUMENTS

/

y

/

Edward I. 116. Edward K. of England to his brother and liege A [lexander] K.

of Scotland. He has carefully given ear to the messages which

1277-78. William bishop of St Andrews, and William de Soules, knight, Alex- March 20. ander's envoys, delivered to him, and explained his opinion there- upon to them vivd voce, whereon he asks Alexander to signify his wish. Doneameneye, 20th March, 6th of his reign. [Royal Letters, No. 1282.]

1278. 117. Eecognisances of the term of the close of Easter in the K.'s

Soon after 6th year. Northumberland : — Alexander de Balliol lord of Balliol,

April 24. is due Bartholomew Jak' and others merchants of Florence, 110

marks sterling, to be paid in three weeks from St Martin's Day

next, with power to levy. [Memoranda, Q. R., 5 & 6 Edw. I. m. 13,

dorso?[

Easter 118. Northumberland : — The Sheriff to distrain Alexander de

Term. BalUol brother and heir of Hugh de Balliol, and to present him at the

Nativity of St John Baptist to answer for 300^. due the K. for Hugh's

relief of 30 fees and issues [Mertioranda, L. T. R., 5 & Q

Edio. I. m. 17?i

May 24. 119. Alexander K. of Scots to the K. He has received by his envoys William bishop of St Andrews and William de Soules knight, the K.'s answer on the business between them. To which he and his Council have fittingly replied, and his said envoys send their letter also by Keginald clerk and ' socius ' of the aforesaid bishop, the bearers. Yester, 24th May, 29th of his reign. [Royal Letters, No. 1283?^

Circa 120. William bishop of St Andrews ' in Scocia ' and William de

May 24. Soules, knight, to the K. They had shewn the letters of conduct by him and his magnates, entrusted to them, to their own K, and his council The K. [of Scotland] earnestly desires to come to him and do his pleasure in reason. But it would greatly satisfy the people of his realm if he had the usual safe conduct of the English magnates, or at least the K.'s letter, that the coming of the Scottish K. to England should not hereafter injure him or his heirs. Wherefore they humbly beseech the K. to deign to transmit to them the afore- said conduct of his magnates, or at least the other letter, by the bearer, along with letters of conduct in the form of the English Chancery, which they return under the bishop's seal, by the bearer, to be sent back to them by him ; granting therein, if it please him, that the K. of Scotland shall go wherever he pleases in England, and that his escort may be the Archbishops of Canterbury and York, and the Earls of Gloucester, Warrenne, and Lincoln, whom he desires to have. (Addressed) To the illustrious K. of England. [No place or date.] [Royal Letters, No. 1284-]

June 5. 121. The K. to A[lexander III.] K. of Scotland. Has received his

EELATINa TO SCOTLAND. 27

Edward I. letter acknowledging the writer's reply conveyed by W. bishop of \/

St Andrews and William de Sonles, knight, Alexander's messengers,

1278. who have since written stating their master's views in the business. Is pleased to hear of his prosperity, and sends good accounts of his own, the Queen's, and their children's health. Westminster. [Eoyal letters, No. £770.]

June 5. 122. Letters patent by the K. declaring that the safe conduct granted to A[lexander] K. of Scotland to come to England should not tend to the future prejudice of that K. or his heirs. West- minster, 5th June, 6th year of his reign. [Boi/al Letters, No. 1288.] Endorsed there is also a Draft Memorandum on the same subject.

June 12. 123. Alexander K. of Scotland has a protection and safe conduct Foedera, i. 658. for himself and his retinue coming to England within three weeks from the Feast of St Michael next. If any of his retinue trespass, or incur forfeiture, it is not to be imputed to their K. if he disavow it, nor is the safe conduct to be thereby injured. (In duplicate.) West- minster. [Patent, 6 Edw. I. m. ii.]

In another of the same date the K. commands his bailiflfs to conduct the K. of Scotland and his retinue personally through their respective districts, and W. Archbishop of York, in his province, the bishops of other dioceses, and Gilbert de Clare earl of Gloucester and Hertford, John earl Warrenne and Henry earl of Lincoln, and others, are empowered. To endure till the Feast of the Purification of the Blessed Mary next.

June 14. 124. The K. to John de Warrenne earl of Surrey. Sends him the form of the safe conduct which he is to grant to the K. of Scotland till the Purification of the Blessed Mary next, which, after executing and sealing, he is to deliver to Reginald de Euhil, the K. of Scotland's clerk. Westminster. \Patent, 6 Edio. I. m. 11.]

Similar letters to Gilbert de Clare earl of Gloucester and Hertford.

Sept. 3. 125. Alexander K. of Scots to the K. Asks credence for Eichard Eraser, knight, and Eeginald the clerk, the bearers, in the matters which they will relate vivd voce on his behalf to the K., and to inform him how he is, by the same. Traquair (Trevequayr), 3rd September, 30th of his reign. [Royal Letters, No. 1294,.]

Sept. 15. 126. The K. commands that the prices of provisions, &c., be not Foedera, i. 562. unduly raised during the visit of the K. of Scotland to Eno-land. This not to be a precedent, however. Shotewik. [Patent, 6 Edw. L on. 6.]

Sept. 29. 127. Homage and fealty rendered to the K. by Alexander K. of v Foedera, i. 563. Scotland ; Eobert de Brus earl of Carrick, swearing fealty on his behalf. Westminster. [Close, 6 Edw. I. m. 5, dorso^

Oct. 17. 128. The K. declares that Alexander K. of Scotland came before him at Teukesbiri on Sunday last [the 16t]i], and offered to do bim homage ; but as the K. had not his Council with him, he pro-

28 CALENDAE OF DOCUMENTS

Edward I. rogned the day for doing homage to London, declaring that such

prorogation should not redound to the said K. or his heirs' prejudice.

1278. Coberle. [Patent, 6 Edw. I. m. <?.]

Circa 129. Cecilia eldest daughter, and one of the heirs of John Biset

Oct. 27. junior deceased, appoints her husband William de Eentone to receive in the K.'s court her purparty of her father's lands in Ireland. Elizabeth, another daughter, appoints Andrew de Boys her husband to same effect. Mulrella, the youngest daughter appoints David de Graham her husband to same effect. Westminster. [Close, 6 Edw. I., m. 3, dorse ^

Oct. 27. 130. The underwritten have quittance from common summons in Cumberland. Alexander, K. of Scotland, ' because he is with the ' K.' ; Walter de Corry. Westminster. [Close, 6 Edio. I., m. S, dorse]

[Extracts.] Oct. 29. 131. Westminster: — To Master Elyas, the King of Scotland's harper, 60s. ; to 2 of the King of Scotland's trumpeters, 40s. ; also to 4 minstrels of Scotland, 53s. 4d ; and to 2 minstrels of the King of Scotland ; 26s. Sd. ; all by the K.'s gift. [ Wardrobe Accounts, Tower, 6 Edw. I.,fol. 39.]

A parchment book of 48 leaves, much mutilated.

October 132. Alexander K. of Scots to the K. Eequests his favour

for the vicar of who is delaying in his service. Not

having [his great seal] he uses his privy seal. [Place lost.] . . . October 30th of his reign. [Royal Letters, No. 1961.] Decayed and defaced ; no seal.

Nov. 3. 133. Pleas of Assizes, &c., taken before John de Vaux and William de Saham, John de Metingham and Master Thomas de Sodynton justices itinerant, at Carlisle [Crastino Anim- arum], anno Regis. E. sexto.

[Extracts.] [m. 2, Waldeve of Galloway and Elena his wife claim versiis William

dorso.] Lokard 6 bovates and 5 roods of land in Blencogou as Elena's right, by a writ of ingress, &c. William Lokard says he should not

answertothe writ, as he does not hold That one Margery,

widow of Piobert de Hampton holds 2 bovates .... 5 roods, and held them when the writ was obtained. Judgment — that William go sine die, and the plaintiff amerced