1.8. A declaration conteining the iust causes and considerations of this present warre with the Scots, wherein also appeareth the true and right title that the kings most roiall maiestie hath to his souereigntie of Scotland, and thus it beginneth.
A declaration conteining the iust causes and considerations of this present warre with the Scots, wherein also appeareth the true and right title that the kings most roiall maiestie hath to his souereigntie of Scotland, and thus it beginneth.
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_BEing now inforced to the war which we A declaration of the iust cau|ses of the war against the king of Scots. haue alwaies hitherto so much abhorred & fled, by our neighbour & nephew the K. of Scots, one who aboue all other for our manifold benefits toward him, hath most iust cause to loue vs, and to reioise in our quietnesse; we haue thought good to notifie vnto the world his doings and behauiour in the prouocation of this war, & likewise the meanes & waies by vs to eschew & auoid it, & the iust & true occasions wherby we be now prouoked to prosecute the same, and by vtterance and divul|ging of that matter, to disburden some part of our inward displeasure and griefe: and the circumstan|ces knowen, to lament openlie with the world the infidelitie of this time, in which things of such enor|mitie doo burst out and appeare.
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the king of Scots our nephue & neighbor, whome we in his youth and tender age preserued and main|teined from the great danger of others, and by our authoritie and power conducted him safelie to the roiall possession of his estate, he now compelleth & inforceth vs (for preseruation of our honor & right) to vse our puissance & power against him. The like vnkindnesse hath beene heretofore shewed by other in semblable cases against Gods law, mans law, & all humanitie; but the oftener it chanceth, the more it is to be abhorred, and yet in the persons of prin|ces, for the raritie of them, can so happen but seldome as it hath now come to passe. It hath béene verie rarelie & seldome séene tofore, that a king of Scots hath had in mariage a daughter of England. We cannot nor will not reprehend the king our fathers act therein, but lament and be sorie that it tooke no better effect.
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The king our father in that matter minded loue, EEBO page image 323 amitie, and perpetull friendship betwéene the poste|ritie of both: which how soone it failed, the death of the king of Scots, as a due punishment of God, for his vnjust inuasion into this our realme, is and shall be a perpetuall testimonie of their reproch for euer. And yet in that present time could not the vn|kindnesse of the father extinguish in vs the naturall loue of our nephue his sonne, being then in the mi|serable age of tender youth. But we then forgetting the displeasure that should haue woorthilie prouoked vs to inuade that realme, nourished and brought vp our nephue, to atchiue his fathers possession and gouernement, wherein he now so vnkindlie vseth and behaueth himselfe towards vs, as he compel|leth vs to take armor and warre against him.
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It is speciallie to be noted, vpon what grounds, and by what means we be compelled to this warre, wherin among other is our chiefe greefe and displea|sure, that vnder a colour of faire speach and flatte|ring words, we be indéed so iniuried, contemned and despised, as we ought not with sufferance to permit and passe ouer. Words, writings, letters, messages, ambassages, excuses, allegations, could not more pleasantlie, more gentlie, nor more reuerentlie be deuised and sent, than hath béene made on the king of Scots behalfe vnto vs: and euer we trusted the trée would bring foorth good fruit, that was of the one part of so good a stocke, and continuallie in appea|rance put foorth so faire buds: and therefore would hardlie beléeue or giue eare to other, that euer al|ledged the deeds of the contrarie, being neuerthe|lesse the same déeds so manifest, as we must néeds haue regarded them, had not we bin so loth to thinke euill of our nephue, whome we had so manie waies bound to be of the best sort toward vs.
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And therefore hauing a message sent vnto vs the yéere past, from our said nephue, and a promise made for the repairing of the said king of Scots vnto vs to Yorke, and after great preparation on our part made therefore, the same méeting was not onelie disappointed, but also at our being at Yorke in the lieu thereof, an inuasion made by our said nephue his subiects into our land, declaring an euident con|tempt and despite of vs. We were yet glad to im|pute the default of the méeting to the aduise of his councell, and the inuasion to the lewdnesse of his subiects, and according therevnto gaue as benigne and gentle audience to such ambassadors as repaired hither at Christmas afterward, as if no such cause of displeasure had occurred, speciallie considering the good words, sweet words, pleasant words, eftsoones proponed by the said ambassadors, not onelie to ex|cuse that was past, but also to persuade kindnesse and perfect amitie to insue.
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And albeit the king of Scots hauing (contrarie to the article of the league of amitie) receiued and in|terteined such rebels as were of the chéefe and prin|cipall, in stirring the insurrection in the north a|gainst vs, with refusall before time, vpon request made to restore the same; yet neuerthelesse, vpon of|fer made, the said ambassadors to send commission to the borderers, to determine debates of the con|fines in the same, with so great a pretense of amitie, and so faire words as could be in spéech desired, we were content for the time to forbeare to presse them ouer extreamlie in the matter of rebels. Alleit we neuer remitted the same, but desiring to make triall of our said nephue in some correspondence of déeds, condescended to the sending of commissioners to the borders, which to our great charge we did, and the king of Scots our said nephue the semblable.
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Where after great trauell made by our commis|sioners, this fruit insued, that being for our part cha|lenged, a péece of our ground plainlie vsurped by the Scots, and of no great value, being also for the samé shewed such euidence, as more substantiall, more au|tentike, plaine and euident, cannot be brought forth for anie part of ground within our realme: the same was neuerthelesse by them denied, refused, and the euidence onelie for this cause reiected, that it was made (as they alledged) by Englishmen: and yet it was so ancient, as it could not be counterfeit now, and the value of the ground so little, and of so small weight, as no man would haue attempted to falsifie for such a matter. And yet this deniall being in this wise made vnto our commissioners, they neuerthe|lesse by our commandement departed as friends from the commissioners of Scotland, taking order as hath béene accustomed, for good rule vpon the bor|ders in the meane time.
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After which their recesse, the lord Maxwell war|den of the west marches of Scotland, made procla|mation for good rule; but yet added therwith, that the borderers of Scotland should withdraw their goods from the borderers of England; and incontinent the Scotishmen borderers, the fourth of Iulie entered into our realme suddenlie, and spoiled our subiects contrarie to our leagues, euen after such extremitie as it had béene in the time of open warre, whereat we much maruelled, and were compelled therefore to furnish our borders with a garrison for defense of the same. Wherevpon the king of Scots sent vn|to vs Iames Leirmouth maister of his houshold, with letters deuised in the most pleasant maner, of fering redresse & reformation of all attempts. And yet neuerthelesse, at the entrie of the said Leirmouth into England, a great number of the Scots then not looked for, made a forraie into our borders, to the great annoiance of our subiects, & to their extreame detriment. Wherewith, and with that vnseemelie dis|simulation, we were not a little mooued, as reason would we should; and yet did we not finallie so ex|treamelie prosecute and continue our said displea|sure, but that we gaue benigne audience to the said Leirmouth, and suffered our selfe to be somewhat al|tered by his words and faire promises, tending to the persuasion that we euer desired, to find the king of Scots such a nephue vnto vs, as our proximitie of bloud (with our gratuitie vnto him) did require.
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In the meane time of these faire words, the déeds of the borderers were as extreame as might be, and our subiects spoiled: and in a rode made by sir Ro|bert Bowes for a reuenge thereof, the same sir Ro|bert Bowes, with manie other were taken priso|ners, and yet deteined in Scotland without putting them to fine or ransome, as hath béene euer accusto|med. And being at the same time a sursesance made on both sides, at the sute of the said Leirmouth for a season; the Scots ceassed not to make sundre inua|sions into our realme, in such wise as we were com|pelled to forget faire words, and onelie to consider the king of Scots déeds, which appeared vnto vs of that sort, as they ought not for our dutie in defense of our subiects, ne could not in respect of our honor, be passed ouer vnreformed: and therefore put in a readi|nesse our armie, as a due meane whereby we might atteine such a peace, as for the safegard of our sub|iects we be bound to procure.
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After which preparation made, and knowledge had thereof, the king of Scots ceassed not to vse his accustomed meane of faire words, which in our na|turall inclination wrought eftsoones their accusto|med effect, euermore desirous to find in the king of Scots such regard & respect to be declared in déeds, as the correspondence of naturall loue in the nephue to such an vncle, as we haue shewed our selfe toward him, dooth require. Wherefore vpon new request and sute made vnto vs, we determined to staie our ar|mie EEBO page image 324 at Yorke, appointing the duke of Norffolke our lieutenant, the Lord priuie seale, the bishop of Dur|ham, and the maister of our horsses, there to com|men, treat, and conclude with the ambassadors of Scotland, for an amitie and peace, vpon such condi|tions, as by reason and equitie were indifferent, whereby the warre might be eschewed, being by sun|drie inuasions of the Scots then opened & manifest.
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In this communication betwéene our and their commissioners, after diuerse degrées of commission shewed by the Scots, and finallie one that was by our commissioners allowed, matters were propo|ned for conclusion of amitie, nothing difficill or hard of our part, but so agréeable to reason, as the com|missioners of Scotland said they doubted not, but if it might be brought to passe that the king of Scots our nephue might haue a méeting with vs, all mat|ters should easilie be compounded and determined: wherevpon they left speaking of anie articles of a|mitie, and the ambassadors of Scotland made much outward ioy in communication of meeting. They shewed themselues in words, fashion, and behauior much to delight in it, to reioise in it, and therewith thought it easie and facile to be concluded and ac|complished, and for their part they tooke it then for a thing passed, a thing concluded, and most certeine to take effect, and onelie desired six daies to obteine an|swer from their maister, and our armie, from that time to staie and go no further: wherevnto our com|missioners then agréed.
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After these six daies was sent a commission out of Scotland, with power to conclude a méeting pre|ciselie at such a place, as they knew well we should not, nor could not in winter obserue & kéepe. Where|with when our commissioners were miscontent, the ambassadors of Scotland to relieue that displea|sure, and to temper the matter whereby to win more time, shewed foorth their instructions, wherein liber|tie was giuen to the ambassadours to exceed their commission in the appointment of the place, and to consent to anie other that by our commissioners should be thought conuenient. Which maner of pro|céeding when our commissioners refused, alledging that they would not conclude a méeting with men hauing no commission therevnto: the ambassadors of Scotland vpon pretense to send for a more am|ple and large commission, agréeable to their instruc|tions for appointment of the place, obteined a de|laie of other six daies, to send for the ample commis|sion without restraint of place.
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Now after these six daies they brought foorth a new commission, made in a good forme, and without exception: but therewith also they shewed new in|structions, conteining such a restraint as the former commission did conteine, so as the libertie giuen to the commissioners in the commission was now at the last remooued and taken awaie by the instructi|ons, with addition of a speciall charge to the ambas|sadors, not to excéed the same. And thus, first the am|bassadors of Scotland seemed to haue a will and de|sire to conclude on a place seemelie and conuenient, which for want of commission they might not doo, and at the last might haue concluded a méeting by vertue of their commission; and then for feare of the commandement in their second instructions they durst not. And so they shewed their first instructions partlie to excuse their king, who should séeme secret|lie to will more than in the commission he did open|lie professe.
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Then with an ample commission from the king, they shewed their secret instructions for defense of themselues, why they procéeded not according to their commission, not caring how much they char|ged therein the king, whose fault they disclosed to dis|charge themselues, trusting that by the benefit of the winter approching, and the time lost in their com|munication, their maister should be defended a|gainst our power for this yéere, without dooing for their part that by honor, right, law, and leagues they be obliged and bound to doo. And in this meane time our subiects being taken prisoners in Scotland, could not be deliuered vpon any ransome, contrarie to all custome and vsage of the borderers in the time of peace and warre: and in this meane time staied a great part of our armie alreadie prested, and in our wages to go forward.
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In this time ambassadors (as ye haue heard) as|sembled to talke of an amitie, but concluded none. The treating of amitie was put ouer by communi|cation of a méeting. The communication of méeting was so handled by alteration of commission and in|structions on their behalfe, as it appeareth a plaine deuise onelie inuented for a delaie, which hath giuen vs light, whervpon more certeinly to iudge the king of Scots inward affection toward vs: whose deeds and words well weied and considered, doo vs plain|lie to vnderstand, how he hath continuallie labored to abuse vs with sweet and pleasant words, and to sa|tisfie the appetites of other at home and abroad with his vnkind and displeasant déeds. In his words he professeth an indissoluble amitie, he allegeth kinred, he acknowledgeth benefits, onlie the fault is, that he speaketh another language to all the world in deeds, and thereby so toucheth vs in honor and denegation of iustice, as we be inforced and compelled to vse the sword, which God hath put in our hands as an ex|treme remedie, whereby to obteine both quietnesse for our subiects, and also that is due to vs by right, pacts, and leagues.
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We haue patientlie suffered manie delusions, and notablie the last yéere, when we made prepara|tion at Yorke for his repaire to vs. But should we suffer our people and subiects to be so oft spoiled without remedie? This is doone by the Scots, what|soeuer their words be. Should we suffer our rebels to be deteined contrarie to the leagues without re|medie? This is also doone by them, whatsoeuer their words be. Should we suffer our land to be vsurped contrarie to our most plaine euidence, onelie vpon a will, pride and arrogancie of the other partie? This is doone by them whatsoeuer their words be. All these be ouer presumptuouslie doone against vs, and giue such signification of their arrogancie, as it is neces|sarie for vs to oppresse it in the beginning, least they should gather further courage, to the greater displea|sure of vs and our posteritie hereafter. And yet in the intreating of this matter, if we had not euidentlie perceiued the lacke of such affection as proximitie of bloud should require; we would rather haue remit|ted these iniuries in respect of proximitie of bloud, to our nephue, than we did tofore his fathers inuasion.
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But weieng that we be so suerlie ascerteined of the lacke thereof, and that our bloud is there frozen with the cold aire of Scotland, there was neuer prince more violentlie compelled to war, than we be by the vnkind dealing, vniust behauior, & vnprince|lie demeanor of him, that yet in nature is our ne|phue, & in his acts and déeds declareth himselfe not to be mooued therwith, nor to haue such earnest regard to the obseruation of his pacts & leagues, nor such re|spect to the interteinment of the administration of iustice, as naturall equitie bindeth, & conseruation of equitie requireth. Which we much lament & be sorie for, & vse now our force and puissance against him, not for reuengement of our priuate displeasure (be|ing so often deliuered as we haue béene) but for re|couerie of our right, the preseruation of our subiects from iniuries, and the obseruation of such leagues EEBO page image 325 as haue passed betweene vs, firmelie trusting, that almightie God, vnder whome we reigne, will assist & aid our iust proceedings herein, to the furtherance and aduancement of the right, which we doubt not shall euer preuaile against wrong, falshood, deceipt, and dissimulation.
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Hitherto appeareth how this present warre hath not proceeded of anie demand of our right of our su|perioritie, which the kings of Scots haue alwaies knowledged by homage and fealtie to our progeni|tors euen from the beginning: but this warre hath béene prouoked and occasioned vpon present mat|ter of displeasure, present iniurie, present wrong mi|nistred by the nephue to the vncle most vnnatural|lie, and supported contrarie to the deserts of our be|nefits most vnkindlie, if we had minded the possessi|on of Scotland, and by the motion of warre to at|teine the same, there was neuer king of this realme had more opportunitie in the minoritie of our ne|phue, nor in anie other realme a prince that hath more iust title, more euident title, more certeine title, to any realme that he can claime, than we haue to Scotland.
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This title is not deuised by pretense of mariage, nor imagined by couenant, nor contriued by inuen|tion of argument, but lineallie descended from the beginning of that estate established by our progeni|tors, and recognised successiuelie of the kings of Scotland, by deeds, words, acts, and writings conti|nuallie almost without interruption, or at the least intermission, till the reigne of our progenitor king Henrie the sixt, in whose time the Scots abused the ciuill warre of this realme, to their licence and bold|nesse, in omitting of their dutie: which for the proxi|mitie of bloud betwene vs, we haue béene slacke to require of them, being also of our selfe inclined to peace, as we haue euer beene alwaies glad, rather without preiudice to omit to demand our right if it might conserue peace, than by demanding thereof to be séene to mooue warre, speciallie against our neighbour, against our nephue, against him whome we haue preserued from danger, and in such a time as it were expedient for all christendome to be in v|nitie and peace, whereby to be more able to resist the common enimie the Turke.
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But for what considerations we haue omitted to speake hitherto of the matter, it is neuerthelesse true, that the kings of Scots haue alwaies acknow|ledged the kings of England superior lords of the realme of Scotland, & haue doone homage and feal|tie for the same. This appereth first in histories writ|ten by such, as for confirmation of the truth in me|morie haue trulie noted and signified the same. Se|condlie, it appeareth by instruments of homage made by the kings of Scots, and diuerse notable personages of Scotland, at diuerse & sundrie times sealed with their seales, and remaining in our trea|surie. Thirdlie, it appeareth by registers and re|cords iudiciallie and autenticallie made, yet preser|ued for confirmation of the same. So as the mat|ter of title béeing most plaine, is furnished also with all maner of euidences for declaration there|of.
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First, as concerning histories, which be called witnesses of times, the light of truth, and the life of memorie, and finallie the conuenient way & meane whereby the things of antiquitie may be brought to mens knowledge, they shew as plainlie this matter as could be wished or required, with such a consent of writers as could not so agree vpon an vntruth, conteining a declaration of such matter as hath most euident probabilitie and apparance. For as it is probable and likelie, that for the better administra|tion of iustice amongest rude people, two or more of one estate might be rulers in one countrie, vnited as this Ile is: so it is probable and likelie, that in the beginning it was so ordered for auoiding dissen|tion, that there should be one superiour, in right of whom the said estates should depend.
According wherevnto we read, how Brute, of whome the realme then called Britaine tooke first that name (being before that time inhabited with gi|ants, a people without order or ciuilitie) had thrée sonnes, Locrine, Albanact, and Camber, who deter|mining to haue the whole Ile within the ocean sea to be after gouerned by them thrée, appointed Alba|nact to rule that now is called Scotland, Camber the parties of Wales, and Locrine that now is cal|led England: vnto whom (as being the eldest sonne) the other two brethren should doo homage, recogni|sing and knowledging him as their superior. Now consider, if Brute conquered all this Iland, as the historie saith he did, and then in his owne time made this order of superioritie as afore; how can there be a title deuised of a more plaine beginning, a more iust beginning, a more conuenient beginning, for the or|der of this Iland, at that time speciallie, when the people were rude? Which cannot without continuall strife and variance conteine twoo or thrée rulers in all points equall without any maner of superioritie, the inward conscience and remorse of which superio|ritie should in some part dull and diminish the per|uerse couragè of resistance and rebellion.
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The first diuision of this Ile, we find written after this sort, without cause of suspicion why they should write amisse. And according heerevnto we find also in historie set foorth by diuerse, how for transgression against this superioritie, our predecessors haue cha|stised the kings of Scots, and some deposed, and put other in their places. We will heere omit to speake of the rudenesse of the antiquitie in particularitie, which they cared not distinctlie to commit to writing. But some authors, as Antonius Sabellicus, amongst other, diligentlie searching what he might trulie write of all Europe and the Ilands adioining, ouer and besides that which he writeth of the natures, ma|ners, and conditions of the Scots, which who so list to read, shall find to haue béene the verie same in times past, that we find them now at this present: he cal|leth Scotland, part of England, which is agréeable to the diuision aforesaid, being in déed as in the land continuall without separation of the sea, so also by homage and fealtie vnited vnto the same; as by par|ticular declarations shall most manifestlie appéere, by the testimonie of such as haue left writing for proofe and confirmation thereof.
In which matter, passing the death of king Hum|ber, the acts of Dunwald king of this realme of England, the diuision of Beline and Bren two bre|thren, the victories of king Arthur; we shall begin at the yéere of our Lord, nine hundred, which is six hun|dred fortie two yeeres past, a time of sufficient anci|encie, from which we shall make speciall declaration and euident proofe of the execution of our right and title of superioritie euermore continued and preser|ued hitherto. Edward the first, before the conquest, sonne to Alured king of England, had vnder his do|minion and obedience the king of Scots. And héere is to be noted, that this matter was so notorious and manifest, as Marian a Scot, writing that storie in those daies, granteth, confesseth, & testifieth the same: and this dominion continued in that state thrée and twentie yéeres.
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At which time Athelstane succéeded in the crowne of England, and hauing by battell conquered Scot|land, he made one Constantine king of that partie, to rule and gouerne the countrie of Scotland vnder him, adding this princelie woord, that it was more EEBO page image 326 honorable to him to make a king, than to be a king. Twentie foure yéeres after that, which was the yéere of our Lord 947, king Eldred our progenitor Athel|stanes brother, tooke homage of Irise then king of Scots. Thirtie yéeres after that, which was in the yeere of our Lord 977, king Edgar our predecessor tooke homage of Kinald king of Scots. Heere was a litle trouble in England by the death of saint Ed|ward king and martyr, destroied by the deceit of his mother in law. But yet within memorie, fortie yeers after the homage doone by Kinald to king Edgar, that is to say, in the yeere of our Lord 1018, Mal|colme king of Scots did homage to Knute our pre|decessor.
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After this homage doone, the Scots vttered some péece of their naturall disposition: wherevpon, by warre made by our progenitor saint Edward the confessor, twentie nine yéeres after homage dooue, that is to say, the yéere of our Lord 1056, Malcolme king of Scots was vanquished, and the realme gi|uen to Malcolme his sonne, by our said progenitor saint Edward: to whome the said Malcolme made homage and fealtie, within eleuen yeeres after that William Conqueror entered this realme, whereof he accounted no perfect conquest, vntill he had like|wise subdued the Scots. And therefore in the said yéere, which was in the yéere of our Lord 1068, the said Malcolme king of Scots did homage to the said William Conqueror, as his superior by conquest king of England. Twentie fiue yéeres after that, which was in the yéere of our Lord 1092, the said Malcolme did homage and fealtie to William Ru|fus, sonne to the said William Conqueror: and yet after that was for his offenses and demerits depo|sed, and his sonne substitute in his place, who like|wise failed of his dutie: and therefore was ordeined in that estate (by the said William Rufus) Edgar, brother to the last Malcolme, and sonne to the first, who did homage and fealtie accordinglie.
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Seuen yéeres after, that was in the yéere of our Lord 1100, the said Edgar K. of Scots did homage vnto Henrie the first our progenitor. Thirtie seauen yéeres after that, Dauid king of Scots did homage to Mathild the empresse, as daughter and heire to Henrie the first. Wherefore, being after required by Stephan, then obteining possession of the realme, to make his homage; he refused so to doo, because be had before made it to the said Mathild, and therevpon for|bare. After which Dauids death, which insued shortlie after, the sonne of the said Dauid made homage to the said king Stephan. Fouretéene yéeres after that, which was in the yéere of our Lord, a thousand one hundred and fiftie, William king of Scots, and Da|uid his brother, with all the nobles of Scotland, made homage to Henrie the seconds sonne, with a reseruation of their dutie to Henrie the second his father. Twentie fiue yéeres after, which was in the yeere of our Lord 1175, William king of Scotland, after much rebellion & resistance, according to their naturall inclination, king Henrie the second then being in Normandie, William then king of Scots knowledged finallie his error, and made his peace and composition, confirmed with his great seale, and the seales of the nobilitie of Scotland, making therewith his homage and fealtie.
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Within fifteene yeeres after that, which was the yeere of our Lord 1190, the said William king of Scots came to our citie of Canturburie, and there did homage to our noble progenitor king Richard the first. Fouretéene yeeres after that, the said Wil|liam did homage to our progenitor king Iohn, vpon a hill besides Lincolne, making his oth vpon the crosse of Hubert then archbishop of Canturburie, be|ing there present, a maruellous multitude assembled for that purpose. Twentie six yéeres after that, which was in the yéere of our Lord 1216, Alexander king of Scots maried Margaret, the daughter of our pro|genitor Henrie the third, at our citie of Yorke, in the feast of Christmasse, at which time the said Alexander did his homage to our said progenitor, who reigned in this realme fiftie six yeers. And therfore betwéene the homage made by the said Alexander king of Scots, and the homage doone by Alexander, sonne to the said king of Scots, to Edward the first at his co|ronation at Westminster, there was about fiftie yéeres: at which time the said Alexander king of Scots repaired to the said feast of coronation, and there did his dutie, as is aforesaid. Within twentie eight yéeres after that, which was in the yéere of our Lord 1282, Iohn Balioll king of Scots made his homage and fealtie to the said king Edward the first our progenitor.
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After this began Robert Bruse to vsurpe the crowne of Scotland, and to mooue sedition therefore against them of the house of Balioll, which made for a season some interruption in the said homage; but yet no intermission without the termes of memorie: for within fortie foure yéeres after, which was the yéere of our Lord 1326, Edward Balioll after a great victorie had in Scotland against the other fac|tion, and inioieng the crowne of Scotland, made ho|mage to our progenitor Edward the third. And twentie yéeres after that, which was in the yeere of our Lord 1346, Dauid Bruse, who was euer in the contrarie faction, did neuerthelesse in the title of the crowne of Scotland, wherof he was then in possessi|on, make homage to our said progenitor Edward the third.
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Within nine yeeres after this, Edward the third, to chastise the infidelitie of the Scots, made warre against them: when after great victories, Edward Balioll, hauing the iust and right title to the realme of Scotland, surrendred clearlie the same to our said progenitor, at the towne of Roxburgh in Scotland, where our said progenitor accepted the same, and then caused himselfe to be crowned king of Scot|land, and for a time interteined it, and inioied it, as verie proprietarie and owner of the realme: as on the one part by confiscation acquited, and on the o|ther part by frée will surrendred vnto him. And then after the death of our said progenitor Edward the third, began seditions and insurrections in this our realme, in the time of our progenitor Richard the se|cond, which was augmented by the alteration of the state of the said Richard, and the deuolution of the same to Henrie the fourth: so as the Scots had some leasure to plaie their vagues, and follow their accu|stomed manner. And yet Henrie the fift, for recoue|rie of his right in France, commanded the king of Scots to attend vpon him in that iorneie.
In this time, the realme of Scotland being des|cended to the house of the Stewards, of which our ne|phue directlie commeth: Iames Steward king of Scots, in the yéere of our Lord 1423, made homage to Henrie the sixt at Windsore, which homage was distant from the time of the other homage made by Dauid Bruse, three score yéeres and more, but farre within the fresh memorie of man. All which homages and fealties as they appéere by storie to haue béene made and doone at times and seasons as afore, so doo there remaine instruments made therevpon, and sealed with the seales of the kings of Scotland, testi|fieng the same. And yet dooth it appéere by storie, how the Scots practised to steale out of our treasurie di|uerse of these instruments, which neuerthelesse were afterward recouered againe.
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And to the intent ye may know of what forme and tenure the said instruments he, héere is inserted EEBO page image 327 the effect in woord and sentence as they be made, which we doo, to méet with the cauillation and contri|ued euasion of the Scots, alleging the homage to haue beene made for the earledome of Huntington, which is as true as the allegation of him that is burnt in the hand, to say he was cut with a sickle. And therefore the tenure of the homage is this.