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BEYNG NOVVE ENforced to the warre, which we haue always hither-
to so moch abhorred and fled, by our neighbour and Nephieu the Kyng of Scottis, one, who, aboue all other, for our manifold benefites towardis hym, hath most iust cause to loue vs, to honor vs, and to reioise in our quiet : we haue thought good to notify vnto the world his doinges and behauour in the prouocation of this warre, and lykewyse the meanes and wayes by vs vsed to exchue and aduoyde it, and the iust and true occasions, wherby we be howe prouoked to prosecute the same, and by vtterance and diuulging of that matier, to disoiirden som part of our inwarde displeasure and griefe, and the circumstances knowen, to lament openly with the worlde the infelicitie . of this tyme, in which thinges of suche enormitie do brest out and appere. THE KYNQ of Scottes our Nephieu and neighbour, whom we in his youth & tender age preserued and maynteined from the great danger of other, and by our authoritie and power conduced hym sauely to the reall possession of his estate, He nowe compelleth and forceth vs for preseruation of our honoure and right, to vse our puissance and power agaynst hym. The like vnkindenes hath ben heretofore shewed by other in semblable caces against goddis lawe, mans lawe, and al humanitie : but the oftener it chaunceth, the more it is to be abhorred, & yet in the persons of princis for the raritie of theym can so happen but se^dome, as it hath nowe come to passe. IT HATH ben very rarely and seldom seen before, that a king of Scottis hath had in mariage a doughter of England : We can not, ne wyll not reprehend the kynge our fathers acte therin, but lament and be sory it toke no better elfecte. The kynge our father in that matier intended loue, amitie, and perpetuall frendshyp betwene the posteritie of both, whiche how soone it fayled, the death of the kynge of Scottis, as a due punyshment of god for his iniuste inuasion into this our realme, is and shall be a perpetuall testimonye to theyr reproche for euer, and yet in that present tyme coulde not the vnkyndenesse of the father extinguishe in vs the natural loue to our Nephieu his sonne being then in the myserable age of tender youth e : but we than forgettyng the dyspleasure that shuld haue worthily prouoked vs to inuade that realme, nurrished and brought vp our Nephieu to achieue his fathers possession and gouernment, wherein he nowe so vnkyndly vseth and behaueth hyrn towardes vs, as he compelleth vs to take armour and warre agaynst hym. IT is specially to be noted, vpon what groundes, and by what meaiies we be compelled to this warre, wherin among other is our chiefe griefe and displeasure, that vnder a colour of faire spech and flattering woordes, we be in dedes so iniured contempned and dis- pised, as we ought not with sufferaunce to pretermitte and passe ouer. Wordes, writinges, letters, messages, ambassiatis, excuses, allegations, coulde not 1 more pleasantly, more gently, ne more reuerently be deuised and sente, then hath bene made on the kynge of Scottis behalfe vnto vs, and euer we trusted, the tree Avoid bryng forth good fruite, that was on thone partie of so good a stocke, and contynually in apparance put forth so fayre buddes : and therfore wolde hardely byleue or gyue eare to other, that euer alledged the dedes to the contrary, being neuerthelesse the same dedes so many- fest, as we muste nedes haue regarded them, had we not haue ben so lothe to thinke euell of our Nephieu. whom we had so many wayes bound to be of the best sorte towarde vs. And therefore hauynge a message sente vnto vs the yere paste from our sayde !Nephieu, and a promisse made for the repayryng of the sayd kynge of Scottis vnto vs to Yorke, and after great preparation on our part made therfore, the same metyng was not onely disappoynted, but also at our being at Yorke, in the lieu therof, an inuasion made by our said Nephieu his subiectes into our realme, declaryng an euident contempt and dispite of vs : We were yet gladde to impute the de- faute of the metynge to thaduyse of his counsaylle, and the inuasion to the lewdnes of his subiectes : and according thervnto gaue as benigne and gentyl audience to suche Ambassadours, as repayred hither at the Christmas afterwarde, as if noo suche causes of dis- pleasure had occurred, specially consyderynge the good woordes, swete woordes, pleasant woordis, eftsones proponed by the sayd Ambassadours, not only to excuse that was past, but also to per- swade kindnes 2 and perfect amitie to ensue. And albeit the kyng of Scottis hauynge contrary to tharticle of the leage of amitie, re- ceyued and entreteigned suche rebelles, as were of the chief and principle, in sterringe the insurrection in the North agaynst vs, with refusal before tyme, vpon request made to restore the same : yet neuerthelesse vpon offer made by the sayde ambassadours, to sende commission to the bordures, to determine the debates of the confinies in the same, with so great a pretence of amitie and so fayre woordes, as coulde be in speche desyred : we were contente for the tyme to forbeare to presse them ouer extremely in the matier of rebels, Albeit we neuer remitted the same, but desyrous to make triall of our sayde Xephieu in some correspondence of dedes, condescended to the send- yng of commissioners to the borders, whiche to our great charge we dyd, and the kynge of Scottes our said Nephieu the semblable. Where after great trauaile made by our Commissioners, this fruite ensued, that being for our part chalenged a piece of our grounde, playnly vsurped by the Scottis, and of no great value, "being also for the same shewed such euidence, as more substanciall, more autentique, more playne and euydent, can not be broughte fourthe for any parte of grounde within our realme. The same was neuerthelesse by them denied, refused, and the euidence only for this cause reiected, that it was made (as they alledged) by Englishemen. And yet it was soo auncient, as it coulde not be counterfaite nowe, and the value of the grounde so lytell, and of so smal J wayte, as no man wolde haue attempted to falsifie for suche a matier. And yet this denyall being in this wyse made vnto our Commissioners, they neuer the lesse by our commandement departed as frendes, from the Commissioners of Scotlande, takyng order as hath ben accustomed for good rule vpon the borders in the meane tyme. AFTER whyche theyr recesse, the lorde Maxwell, warden of the west marches of Scotland, made proclamation for good rule, but yet 1 added therwith, that the bourderers of Scotlande shuld withdraws' their goodes from the bourders of England : And incontinentely after the Scottishe men bourdurers, the fourth of July, entred into our realme sodeynly, and spoyled our subiectes, contrary to our leages, euen after suche extremitie, as it had bene in tyme of open warre. , whereat we moche meruayled, and were compelled therfore to fur- nishe our bourdour with a garrison for defence of the same. "VVher- vpon the kyng of Scottis sente vnto vs James Leyrmouth, maister of his howseholde, with letters deuysed in the most pleasant maner, offerynge redresse and reformation of al attemptates. And yet neuerthelesse at the entre of the sayd Leyrmouth into England, a great numbre of the Scottis, than not loked for, made a forrey into our bourders, to the great annoyance of our subiectes, and to theyr extreme detriment, wherwith and with that vnsemely dissimulation, we were not a lytell moued, as reason wolde we shulde. And yet dyd we not fynally soo extremely persecute and continue 2 our sayde displeasure, but that we gaue benigne audience to the sayde Leyr- mouth, and suffered our selfe to be somewhat altred by his wordes and fayre promyses, tendyng to the perswasion that we euer desyred, to fynde the kynge of Scottis suche a Nephieu vnto vs, as our proximitie of bloude, with our gratuitie vnto hym, dyd require. IN THE meane tyme of these fayre woordes, the dedes of the borders were as extreme as myghte be, and our subiectes spoyled : and in a rode made by syr Robert Bowes for a reuenge therof, the same syr Robert Bowes with many other taken prysoners, and yet deteyned in Scotlande, without puttynge them to fyne and raun- some, as hath ben euer accustomed. And beinge at the same tyme a surceaunce made on bothe sydes at the suite of the sayde Leyr- mouth for a season : the Scottis ceassed not to make sundry inuasions into our realme in suche wyse, as we were compelled to forgette fayre wordes, and onely to consyder the kyng of Scottis dedes, whiche appered vnto vs of that sort, as they ought not for onr duetie in defence of our subiectes, ne could not in respecte of our honour, be passed ouer vnreformed ; and therfore put in a redynesse our army, as a due meane wherby we myght atteigne suche a peace, as for the safegard of our subiectes we be bounde to procure. AFTER whiche preparation made, and knowlege had therof, the kyng of Scottis cessed not to vse his accustomed meane of fayre wordes, which in our natural inclination wrought eftsones their accustomed l effect, euermore desirous to fynd in the kyng of Scottis such a regard and respect to be declared in dedes, as the correspond- ence of naturall loue in the Nephieu to suche an Uncle, as we haue shewed our selfe towardes hym, dothe require. Wherfore vpon new request and suite made vnto vs, we determined to stay our army at Yorke, appoynting the Duke of Norff. our lieutenaunt, the lorde privy scale, the byshop of Dureham, and the master of our horses, there to commen, treate, and conclude, with the Ambassadours of Scotlande, for an amitie and peax vpon suche conditions, as by reason and equitie were indyfferent, wherby the warre might be exchued, being by sundry inuasion of the Scottis than open and manifest. IN THIS communication betwene our and their commissioners, after diuers degrees of commission, shewed by the Scottis, and finally one, that was by our commissioners allowed, matiers were proponed for conclusion of amitie, nothing difficile or hard on our part, but so agreable to reason, as the commissioners of Scotlande sayd, they doubted not, but yf it myght ones be broughte to passe, that the kynge of Scottis our Nephieu might haue a meting with vs, all matiers shulde easyly be componed and determined. "Whervpon they lefte speakynge of any articles of amitie, and the ambassadours of Scotland made moche outward ioy in communication of a metinge, they shewed them selfe in wordis, facion, and behauor, moche to delyte in it, to reioyce in it, and therewith thought it easy and facile to be concluded and accom 2 plysshed, and for their parte they toke it then for a thing passed, a thing concluded, and most certayn to take effect, and only desyred .vi. dayes to obteigne answere from their maister, and our army for that tyme to stay and go no further. "Whervnto our commissioners then agreed. AFTER THESE syxe dayes was sent a commission out of Scotlande, with power to conclude a metynge precisely at suche a place, as they knew wel we wolde not, ne coulde not in wynter obserue and kepe, wherwith whan our commissioners were myscontent, the ambas- sadours of Scotland to relieue that displesure, and to tempre the matier, wherby to winne more tyme, shewed forth their instructions, wherin liberty was gyuen to the ambassadours to excede their com- mission in the appoyntment of the place, and to consent to any other by our commissioners thought conuenient, whiche maner of procedyng, when our commissioners refused, alledging that they wold not conclude a metynge with men, hauynge no commission ther- vnto, the ambassadours of Scotland vpon pretence to send for a more ample and large commission, agreable to their instructions for ap- poyntment of the place, obteined a delay of other .vi. days, to sende for the said ample commission without restraynt of place. And after those .vi. dayes they brought forthe a newe commission, made in a good fourme, and without exception. But therwith they shewed also newe instructions, conteynynge suche a restraynte as the former commission dyd conteyne, so as the libertie gyuen to Hhe Commissioners in the commission was nowe at the last remoued and taken away by the instructions, with addition of a special charge to the ambassadors not to excede the same. AND thus fyrste the ambassadours of Scotlande semed to haue wyll and desyre to conclude of a place semely and conuenient, whiche for want of commission they rnyght not do, and at the laste rnyght haue concluded a metynge by vertue of theyr commission, and then for feare of the commandement in theyr second instructions they durst not. And so they shewed theyr fyrst instructions partly to excuse theyr kynge, who shulde seme secretely to wyll more, than in the commission he dyd openly professe. AND THAN with an ample commission from the kyng, they shewed theyr secret instructions for defence of them self, why they proceded not according to their commission, not carynge howe muche they charged therin their kyng, whose faulte they disclosed to dys- charge them self, trusting that by benefite of the winter approchyng, and the tyme lost in theyr communication theyr maister shulde be defended agaynste our power for this yere, without doinge for theyr parte that by honour, right, lawe, and leages they be obliged and bounde to do. And in this meane tyme oure subiectes taken prisoners in Scotland coulde not be deliuered vpon any ransome, contrary to al custome and vsage of the border in the tyme of peax & warre. and in this meane tyme staied a great part of our army alredy prested, and in our wages to go forwarde. 2 In this tyme ambas- sadours (as ye haue herde) assembled to talke of an amitie and con- clude it not. The treatyng of amitie was put ouer by communica- tion of a metynge. THE communication of metyng was so handled by alteration of commyssion and instructions on theyr behalfe, as it appereth a playne deuise onely excogitate for a delay, whyche hath gyuen vs lyght, where vpon more certeinly to iudge the king of Scottis in- warde affection towardes vs, whose dedes and wordes well wayed and considered, dothe vs playnely to vnderstande, howe he hath contynually laboured to abuse vs with swete and pleasant wordes, and to satisfy the appetites of other at home and abrode with his vnkynde and displeasant dedes. In his wordes he professeth an indissoluble amitie, he alledgeth kinred, he knowlegeth benefites, onely the faulte is that he speaketh an other langage to all the worlde in dedes, and therby so toucheth vs in honour and denegation of iustyce, as we be inforced and compelled to vse the sworde, whiche god hathe put in our hande as an extreme remedy, wherby to obteigne bothe quiete for our subiectes, & also that is due vnto vs by right, pactes, and leages. WE HAVE paciently suffred many delusions, and notably the laste yere, when we made preparation at Yorke for his repaire to vs : But shuld we suffer our people and subiectes to be so ofte spoyled with- out remedy? This is done by the Scottis what soo euer theyr wordes be. Shulde we suffer our rebelles to be l deteyned contrary to the leages without remedye ? This is also done by them what so euer theyr wordes be. Shuld we suffer our lande to be vsurped contrary to our most playne euidence, onely vpon a wylle, pryde, and arro- gancye of the other partie] This is done by them what so euer theyr wordes be. And all these be ouer presumptuously done agaynste vs, and gyue suche signification of theyr arrogancy, as it is necessary for vs to oppresse it in the begynning, leste they shuld gather further courage to the greater displeasure of vs and our posteritie hereafter. And yet in the entreatyng of this matier, if we had not euidently perceyued the lacke of suche affection as proximitie of bloudde shulde require, we wold muche rather haue remitted these iniuries in respecte of proximitie of bloud to our Nephieu, than we dyd heretofore the inuasion of his father. But consyderyng we be so surely ascertayned of the lacke therof, and that our bloud is there frorne with the cold ayre of Scotlande, there was neuer prynce more vyolently compelled to warre then we be, by the vnkynde dealyng, vniust behauiour, vnprincely demeanour of him that yet in nature is our Nephieu, and in his actes and dedes declareth hym selfe not to be moued therwith, ne to haue suche ernest regarde to the obseruation of his pactes and leages, ne such respect to thintreteynment of the administration of Justice, as .naturall equitie byndeth, and conseruation of amitie dothe require : whiche we muche lament and be sory for, and vse nowe our force and puissaunce againste hym, not 2 for reuengeaunce of our priuate displeasure (being so often deluded as we haue ben) but for recouerye of our right, the preseruation of our subiectes from iniuries, and the obseruation of such leages as haue passed betwene vs, firmely trust- ing, that almighty god, vnder whom we reigne, woll assist and ayde our iust procedinges herein to the furtherance and aduancement of the right, whiche we doubt not shal euer preuayle againste wronge, falseheade, deceipte, and dissimulation. 1T Hitherto it appereth how this present warre hath not proceded of any demaund of our right of superioritie, which the kinges of Scottis haue alwais knowledged by homage and fealtie to our progenytours even from the begynnynge : But this warre hath ben prouoked and occasioned vpon present matier of displeasure, present iniury, present wrong mynistred by the Nephieu to the Uncle most vnnaturally, and supported contrary to the desertes of our benefites most vnkindly. If we had minded the possession of Scotland, and by the motion of warre to atteyne the same, there was neuer kynge of this realme had more oportunity in the minority of our Kephieu, ~Ne in any other realme a prince that hath more iuste title, more euident title, more certayn title, to any reahne that he can clayme than we haue to Scotland, not diuised by pretense of mariage, not imagined by couenaunt, or contriued by inuention of argument, but lineally descended from the begynnynge of that astate established by our progeni tours, and recogni'sed to successiuely of the Kinges of Scotlande by dedes, wordes, actes & writinges co?ztinually almost with- out interruption, or at the leest intermission, til the reigne of our progenitour Henry the .VI. in whose time the Scottis abused the Ciuile warre of this realme, to theyr licence and boldnes, in omitting of their dutie : which for the proximitie of bloudde betwene vs, we haue ben slacke to require of them, being also of our selfe inclined to peace, as we haue euer been alwayes glad, rather without preiudice to ornyt to demaunde our right, if it myght conserue peace, than by deraandyng therof to be sene to moue war, specially against our neighbour, against our Nephieu, agaynst hym, whom we haue pre- serued from daungier, and in such a tyme as it were expedient for all Christendome to be vnite in peace, wherby to be the more able to resist the common ennemy the Turke. BUT for what so euer considerations we haue omitted to speake hitherto of the matier, it is neuer the lesse true that the kynges of Scottes haue always knowledged the kynges of Englande superior lordes of the realme of Scotlande, and haue done homage and fealtie for the same. THIS appereth fyrst by historie written by such as for confirma- tion of the tmeth in memory haue truly noted and signified the same. SECONDLY it appereth by instrumentes of homage made by the kynges of Scotlande, at dyuers and sundry times sealed with theyr seales, and remaynynge in our Treasorye. 2 THIRDLY it appereth by regesters and recordes iudicially and autentiquely made, yet preserued for confyrmation of the same. So as the matier of title being most playne, is furnished also with all maner of euidences for declaration therof. FYRST as concernynge histories, whiche be called witnesses of tymes, the lyght of trueth, and the lyfe of memory, and fynally the conuenient way and meane, wherby thinges of antiquitie may be brought to mens knowlege, they shewe as playnly this matier as could be wyshed or required, with such a consent of writers, as coulde not so agree vppon an vntruth, conteynyng declaration of such matier as hath most euident probabilitie and apparance. For as it is probable and lykely, that for the better administration of iustyce anionges rude people, two OT mo of one astate might be rulers in one countrie vnite as this Isle is : so is it probable and lykely, that in the beginnyng it was so ordred for auoydinge discen- tion, that there shuld be one superiour in righte, of whom the sayd astates shuld depend. According whervnto we rede how Brutus, of whom the reahne than callyd Brytayn toke fyrst that name (being before that tyme inhabited with gyauntes, people without order or ciuilitie) had thre sonnes, Locrine, Albanact, and Camber, and deter- minyng to haue the whole Isle within the Occean sea to be after gouerned by them thre, appoynted Albanact to rule that no we is called Scotland, Camber the parties of "Wales, and Locrine that nowe is called Englande : vnto whom as being the 1 elder sonne, the other two brothers shuld do homage, recognisynge and knowleagyng hym as theyr superior. Nowe consider if Brutus conquered all this Ilande, as the hystorye sayeth he dyd, and then in his owne tyme made this order of superioritie as afore : Howe can there be a title diuised of a more playn begynninge, a more iuste begynninge, a more conuenient begynninge for the order of this Ilande, at that tyme specially when the people were rude, which can not without continual strife and variaunce conteine two or thre rulers in all poyntes equall without any maner of superioritie, the inwarde con- science and remorse of whiche superioritie shulde in some part dull and diminishe the peruerse courage of resistence and rebellion. The fyrst diuision of this Isle we finde it writere after this sort without cause of suspection why they shulde write amysse. And accordynge herevnto we fynde also in hystory set forth by diuers how for trans- gression against this superioritie, our predecessours haue chastised the kynges of Scottis, and some deposed, and put other in their places. WE will here omyt to speake of the rudenes of the antiquitie in particularitie, whiche they cared not distinctly to commit to writing, but some authors, as Anthonius Sabellicus amonges other dilygently enserchyng, what he might truely write of all Europe, and the Ilandes adioynyng, ouer and besides that whiche he writeth of the nature, maners, and condytions of the Scottis, whiche who so lyst to rede, shal fynde to haue bene the very same in tymes paste, that we 2 finde them nowe at this present, he calleth Scotlande part of Englande, which is agreable to the diuision aforesayd, being in dede as in the lande contynuall without separation of the sea, so also by homage and fealtie vnite vnto the same, as by particular declarations shal most manifestly appere by the testimony of such as haue left writyng for proue and confirmation therof. In whiche matier passing ouer the death of Kyng Humbre, the actes of Dunwalde king of this realme, the diuision of Belyn & Brene, the victories of king Arthure, we shal begyn at the yere of our lord .DCCC. which is .DC XLII. yeres by past, a tyme of sufficient auncientie, from which we shall make speciall declaration and euidence of the execution of our right and title of superioritie euermore contynued and preserued hytherto. EDVVARDE the fyrst before the conquest, sonne to Alured kyng of Englande, had vnder his dominion and obedience the king of Scottis. And here is to be noted, that this matier was so notorious and mani- fest, as Maryon a Scot writing that storye in those dayes, graunteth confesseth and testifieth the same, and this dominion continued in that state xxim yere : At whyche tyme Athelstaine succeded in the crowne of Englande, and hauyng by battayle conquered Scotlande, he made one Constantine kynge of that partie, to rule and gouverne the countrye of Scotlande vnder hym, adding this princely woord, That it was more honour to hym to make a kynge, than to be a kyng. 1 xxim yeres after that, whyche was the yere of our lorde D cocc XLVII, Eldred kynge our progenitour, Athelstains brother, toke homage of Irise then king of Scottis. xxx. yeres after that, which was the yere of our lorde .D cccc LXXVII. kyng Edgar our predecessor toke homage of Kynalde king of Scottis. Here was a lytell trouble in Englande by the death of sayncte Edwarde kyng and martyr, distroyed by the deceite of his mother in lawe : but yet within memory. XL. yeres after the homage done by Kynald to king Edgare, that is to say, in the yere of our lord .M xvn. Malcome the kynge of Scottis dydde homage to Knute our predecessour. After this homage done the Scottis vttered some piece of their naturall disposi- tion, whervppon by warre made by our progenitour sainte Edwarde the confessour, xxxix. yere after that homage done, that is to say, the yere of our lord .M LVI. Malcolme kynge of Scottis was van- quisshed, and the realme of Scotlande gyuen to Malcolme his sonne by our sayd progenitour saynte Edwarde : vnto whome the sayde Malcolme made homage and fealtie. Within .xi. yeres after that William Conquerour entred this realme, Avherof he accompted no perfect conquest, vntyll he had lykewise subdued the Scottis, and therfore in the sayd yere, whiche was in the yere of our lord .MLXVIII. the sayd Malcolm kyng of Scottis dyd homage to the sayde William Conquerour, as his superiour by conqxiest kynge of 2 Englande. xxv yeres after that, whiche was the yere of our Lorde MXCIII. the sayde Malcolme dyd homage and fealty to William Eufus, sonne to the said William Conquerour : and yet after that was for his offences and demerites deposed, and his sonne substitute in his place, who lykewyse fayled in his duetie, and therfore was ordeyned in that astate by the sayd William Eufus, Edgare brother to the laste Malcolme, and sonne to the fyrste, who dyd his homage and fealtie accordingely. vii. yeres after that, which was in the yere of our lord .MO. the sayd Edgar kynge of Scottis. dydde homage to Henry the fyrste, our progenitour. xxxvii. yere after that, Dauid kyng of Scottis did homage to Matilde the Emperatrice, as daughter and heyre to Henry the fyrst. "VVherfore being after required by Steuen, then obteynyng possession of the realme, to make his homage, he refused so to do, bycause he had before made it to the sayde Matilde, and thervpon forbare. After whiche Dauids deathe, whiche ensued shortly after, the sonne of the sayd Dauid made homage to the said kyng Steuen. XTIII. yeres after that, whiche was in the yere of our lorde .MCL. William King of Scottis, and Dauid his brother, with al the nobles of Scotland made homage to HENRY the secondes sonne, with a reseruation of theyr dutie to Henry the second his father. xxv. yeres after that, which was in the yere of our lorde .MCLXXV. Wylliam king of Scotlande, after 1 moch rebellion and resistence, accordyng to their naturall inclination, kyng HENRY the seconde, than being in Normandy, William then kyng of Scottis knowledged fynally his errour, and made his peace and composition, confirmed with his great seale, and the scales of the Nobilitie of Scotlande, makynge therwith his homage and fealtie. WITHIN .xv. yeres after that, which was the yere of our lorde .MO LXXXX. the sayd Wylliam kyng of Scottes, came to our citie of Canturbury, and there dydde homage to our noble progenitour kynge EICHARDE the fyrst. xini. yeres after that, the sayd William dyd homage to our pro- genitour kynge IOHN, vpon a hyll besides Lincoln, makyng his othe vpon the crosse of Hubert than archbyshop of Canturbury, being there present a meruaylous multitude assembled for that purpose. xxvi. yeres after that, whiche was in the yere of our lorde .MOC xvi. Alexander kyng of Scottis maryed Margaret, the doughter of oure progenitoure HENRY the thyrde, at our citie of Yorke, in the feast of Christmas : at which tyme the said Alexander dyd his homage to our sayde progenitour : who reigned in this realme .LVI. yeres. And therfore betwene the . homage made by the saide Alexander kyng of Scottes, and the homage done by Alexander, sonne to the sayd kyng of Scottis, to Edwarde the fyrst at his coro- nation at Westmester, there was about fyfty yeres, at whyche tyme the sayde Alexander kynge of 2 Scottes repaired to the sayde feaste of coronation, there did his duetie as is afore sayde. WITHIN .xxvui. yeres after that, which was the yere of our lorde .MCC LXXXII. John Baliol kynge of Scottes, made homage and fealtie to the sayde kynge Edwarde the fyrst, our progenitour. AFTER THIS began Robert Bruse to vsurpe the crowne of Scot- lande, and to moue sedition therfore, against them of the house of Ballioll, whiche made for a season some interruption in the sayde homage : but yet no intermission without the terrnes of memory. For within .XLIIII. yere after, whiche was the yere of our lorde .MCCCXXVI. Edwarde Baliol, after a great victory in Scotlande agaynst thother faction, and enioyenge the crowne of Scotland, made homage to our progenitour Edwarde the thyrde. AND .xx. yeres after that, which was in the yere of our lorde .MCCC XLVI. Dauid Bruse, who was euer in the contrary faction, did neuerthelesse in the title of the crowne of Scotland, wherof he was then in possession, made homage to our sayde progenitour Edwarde the thyrde. WITHIN .ix. yeres after, this Edward the thyrd, to chastise the infidelitie of the Scottis, made warre agaynst them : where after great victories, Edwarde Balliol hauyng the iust and ryght title to the realme of Scotlande, surrendred clerely the same to our said progenitour at the towne of Kokysbroiigh in Scotlande : where our said progenitour accepted the same, and than caused hym selfe to be crowned kynge of J Scotlande, and for a tyme enterteygned it, and enioyed it, as very proprietary & owner of the realme, as on thone parte by confiscation acquyred, and on the other parte by free wyll surrendred vnto hym. AND then after the death of our sayd progenitour EDWARDE the thirde, beganne seditions and insurrections in this our realme, in the tyme of our progenitour EICHARDE the seconde, whiche was aug- mented by the alteration of the state of the said Rycharde, and the devolution of the same, to Henry the IIII. so as the Scottis had some leisure to play their vagues, and folowe their accustomed manier. And yet Henry the V. for recouery of his ryght in France, commaunded the kyng of Scottis to attende vpon hym in that iourney. And in this tyme the realme of Scotlande being descended to the house of the Stewardes, of which our Nephieu directly cometh, James Stuarde kynge of Scottis, in the yere of our lorde .MCCCC xxin. made homage to Henry the .VI. at Wyndesour, Whiche homage was distaunt frome the tyme of the other homage made by Dauid Bruse LX yeres and more, but farre within the fresshe memory of man. ALL whiche homages and fealties as they appere by story to haue ben made and done at times and season as afore : so do there remayne instrumentes made ther vpon and sealed with the seales of the kynges of Scotlaude testifyenge the same. And yet doth it appere by story, how the Scottis practised to steale out of our treasury diuers of these instrumentes, which 2 neuerthelesse were after recouered agayn. And to the intent ye may knowe of what fourme and tenour the sayde instrumentes be, here is inserted the effecte in' worde and sentence as they be made, which we do, to mete with the cauellation and contriued euasion of the Scottes, alleaginge the homage to haue benne made for the Erldome of Hunt- yngton, whiche is as trew as the allegation of hym that is burnte in the hande, to saye he was cut with a sikell. And therfore the tenour of the homage is this. I John N". kynge of Scottes shall be trewe and feythful vnto you lorde Edward by the grace of god kynge of Englande, the noble and superior lorde of the kyngdome of Scotlande, and vnto you I make my fydelitie of the same kyngdome of Scotland, the whiche I holde, and clayme to holde of you : and I shall beare to you my feythe and fidelitie of lyfe and lymme and worldely honour agaynste all men, and feythfully I shall knowleage, and shal do to you seruice due vnto you of the kyngdome of Scotlande aforesayd, as god so helpe me & these holy euangelies. NOWE FOR the thyrde parte touchinge recordes and regestres, we haue them so formall, soo autentiquall, so seriously handeled, and with suche circumstaunces declarynge the matiers, as they be & ought to be a great corroboration of that hath ben in stories writen and reported in this matier. For amonges other thynges we haue the solempne acte, and iudicial processe of our progenitour EDWARD the firste, in discussion of the title of Scotland, when the same l was challenged by twelue competitours : That is to saye, Florentius comes Holandie. Patricius de Dunbar comes de Merchia. Willielmus de Vesty. Willielmus de Eos. Eobertus de Pinbeny. Nicholaus de Soules. Patricius Galightly. Rogerus de Mundeville. Joannes Comyn. D. Joannes de Hastinges. Joannes de Balliolo. Robertus de Bruse. Ercius rex Norwegie. AND finally after a great consultation and mature deliberation, with discussion of the allegations proponed on al parties, sentence was giuen for the title of Balioll, accordyng whervnto he enioyed the realme. But for confirmation of the duety of homage before that tyme obserued by the kynges of Scottes, it appereth in those recordes, howe when those competitours of the realme of Scotland repaired to our said progenitour, as to the chiefs lord for discussion of the same, in as muche as the auctoritie of the iudgcment to be gyuen depended thervpon : It was then orde 2 red, that the hole parliament of Scotland spirituall, temporall, and of all degrees, as- sembled for that purpose, and consideryng vpon what ground, and foundation the kynges of Scotlande had in tym.es paste made the sayd homages and recognition of superyoritie, the sayd parlyament fynding the same substantial! good and true, shulde if they so demed it, yelde and geue place, and by expresse consent recognise the same. At whiche parlyamente was alledged vnto theym, as appereth in the same recordes, not onely these actes of the prynces before those dayes, and before rehersed : but also besydes the testi- monye of storyes, the wrytinges and letters of foreyn princis, at that tyme recitynge and rehersynge the same. Whervppon the sayde parlyament dyd there agree to this our superioritie, and ensuynge theyr determination dyd particularly and seuerally make homage and feaultie with proclamation : That who soo euer withdrue hym selfe from doinge his duetie therin, shulde be taken and reputed for a rebel. And so all made homage & fealtie to our progenitour Edwarde the first. The realnie was in the tyme of the discussion of the title ruled by gardians deputed by him : all castels & holdes were surrendred to him as to the superior lord in the tyme of vaca- tion, benefices, offices, fees, promotions passid in that tyme from the mere gift of our sayde progenitour, as in the right of this crowne of England, Sheriffes named and apoynted, writtis & preceptes made obeyed and executed : and finally al that we do now in the Duchy of Lancaster, the same x dyd our progenitour for the tyme of conten- tion for that title in the realuie of Scotlande, by the consent and agrement of all astates of the realme assembled and consulted with for that purpose. At whiche tyme the byshoppes of saynt Andrewes and Glascoo were not as they nowe be archebyshoppes, but recog- nised the prouince of our archebishop of Yorke, whiche extended oner al that countrey. Now if the Scottis wyl take exception to the homages of theyr prynces, as made in warre & by force whiche is not true : what wyll they say or can they for shame alledge agaynst their owne parlya- ment, not of some, but of all confirmed & testified by theyr writynge and seales ? whervnto nothing enforced them, but right and reason, being passed in peace and quiet without armour or compulsion. If they say they did it not, they speake like them selues : If they say they dyd it, then doo they nowe lyke them selfes, to with drawe their duetie, not so moche to be blamed, as to be amended. THVS APPERETH vnto you the begynnyng of the righte of superi- oritie, with a perpetuall contynuance, without intermission within memory, certayne omission and forbearynge vpon the groundes and occasions before specified we deny not. Wherby they haue many tymes sought and taken theyr oportunities, to withdrawe the doinge of theyr duetie in knowlege of our superioritie ouer theym, whiche to auoyde, they haue not cared what they sayde or alleged, though it were neuer so vntrue : lyeng alwayes 2 in awayte whan they might annoye this realme, not without theyr owne great dangier, peril, and extreme detriment. But as they detrected the doing of theyr duetie, so god euer graunted vnto this realme force to compell them thervnto within memory, not withstandyng any theyr interruption by resist- ence, which vnto the tyme of our progenitour Henry the .VI. neuer indured so longe as it made intermission within tyme of mynde, wherhy the possession myght serne to be enpaired : from the tyme of Henry the VI vnto the seuenth yere of our reigne, how our realme hathe ben for a season lacerate and torne by diuersitie of titles, tyl our time and syns by warre outwardly vexed and troubled, The story is so lamentable for some parte therof, as were tedious to re- herse. SITHENS THE death of our progenitour Henry the .VI. our grand- father Edwarde the .1111. reyned, who after great trauailes to atteyne quietnesse in his realme, fynally in the tyme of preparation of -wai-re against Scotlande, dyed. RICHARDS the .III. than vsurped for a smalle tyme in yeres, whome the kynge our father by the strength of goddis hand ouer- threw in battaile, and moost iustely attayned the possession of this realme, who neuertheles after the great tempestious stormes fyndynge all matiers nat yet broughte to a perfecte quiete and reste, ceassed and forbare to require of the Scottis to do theyr duetie, thynking it policy rather for that tyme to assay to tame their nature by the plesant coniunction and conuersation of affinitie, then Ho charge them with theyr fault, and requyre duety of them, when oportunitie serued not, by force and feare to constrayne and compell them. AND thus passed ouer the reygne of our father, without demaunde of this homage. And beinge our reygne no we, .xxxim. yeres, we were .xxi. yere letted by our Nephieu his minoritie, being then more carefull howe to bringe hym out of daungier, to the place of a king, then to receyue of hym homage when he had full possession in the same. Wherfore beinge now passed sithens the last homage made by the kinges of Scottis to oure progenitour Henry the ;VI. cxxn. yere, at which e tyme the homage was done at "Wiiidesor by James Stuard, then king of Scottis, as afore. LVI. of these yeres the crowne of this realme was in contention, the trouble wherof en- gendred also some busynes in the tyme of the kynge our father, whiche was .xxiin. yere : And in our tyme xxi. yere hath passed in the minoritie of our Nephieu. So as finally the Scottis resortyng to theyr onely defence of discontinuance of possession, can onely alledge iustly but .xiii. yere of sylence in the tyme of our reigne, being all the other tymes sithens the homage done by James Stewarde, suche 'as the silence in them had they ben neuer so longe, coulde not haue ingendred preiudice to the losse of any right, that may yet be de- clared and proued due. For what can be imputed to kyng Edward for not demandyng homage, beinge in strife for that estate, whervnto the homage was due 1 What shulde Eycharde the .III. serche for 2 homage in Scotlande, that had neither right ne leysure to haue homage done vnto hym in Englande ? Who can blame our father, knowynge the Scottis nature, neuer to do their duetie but for feare, if he demaunded not that of them, whiche they wold exehue if they might, being his realme not clerely than purged from yll seede of sedition, sparkeled and scattered in the cruell ciuile warres before. LAWE AND reason serueth, that the passing ouer of tyme not commodious for the purpose, is not allegable in prescription for the losse of any right. And the minoritie of the kyng of Scottis hath endured xxi yeres of our reigne, whyche being an impediment on their part, the hole prescription of the Scottis, if the matier were prescriptable, is thus deduced euidentely to xm. yere, whiche .xin. yere without excuse we haue ceassed and forborne to demaunde our duetie, lyke as the Scottis haue lykewyse cessed to offer and tende the same. For whiche cause neuerthelesse we do not enter this warre, ne mynded to demaunde any suche : matier : Nowe beinge rather desirous to reioyse and take comfort in the frendshyppe of our Nephieu, as oure neyghbour, than to moue matier vnto hym of displeasure, wherby to alienate suche naturall inclination of loue, as he shuld haue towarde vs. But such be the workes of god, superior ouer all, to suffre occasions to be minystred, whereby due superioritie may be knowen, demaunded, and required, to the intent that accord- ing thervnto all thinges gouerned in due order here, we may to his pleasure passe ouer this lyfe, to his honour and glory, whiche he grant vs to do in such rest, peace, and tranquillitie, as shalbe mete and conuenient for vs. |
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