16.1. The true copie of the said in|strument obligatorie.
The true copie of the said in|strument obligatorie.
_BE it knowne to all men by these present letters, Abr. Fl. ex Edw. Hall. fol. Cc [...]j. vs Walter Ber|traham, prouost of the towne of Edenburgh in Scotland, and the EEBO page image 707 whole fellowship, merchants, burgesses, & communaltie of the same towne, to be bound and obliged by these presents, vnto the most excellent, and most mightie prince Edward, by the grace of God king of Eng|land. That where it was communed and agreed betwéene his excellencie on the one part, and the right high & mightie prince our souereigne lord, Iames king of Scots on the other part, that mariage and ma|trimonie should haue beene solemnized and had betwixt a mightie and excellent prince Iames the first begotten sonne and heire apparant to our souereigne lord aforesaid, & the right noble princesse Cicilie, daugh|ter to the said Edward K. of England; and for the said mariage to haue beene perfor|med, certeine and diuerse great summes of monie bene paid and contented by the most excellent prince, vnto our souereigne lord aforesaid, as by certeine writings betwixt the said princes therevpon made more at large plainlie appeares.
That if it be the pleasure of the said Ed|ward king of England, to haue the said ma|riage to be performed and completed, ac|cording to the said communication in wri|ting, that then it shall be well and trulie, without fraud, deceipt, or collusion obser|ued, kept, and accomplished on the partie of our souereigne lord aforesaid, & the no|bles spirituall and temporall of the realme of Scotland. And if it be not the pleasure of the said excellent prince Edward king of England, to haue the said mariage perfor|med and completed; that then we Walter, prouost, burgesses, merchants, and com|mons of the aboue named towne of Eden|burgh, or anie of vs, shall paie and content to the king of England aforesaid, all the summes of monie that was paied for the said mariage, at such like termes & daies immediatlie insuing after the refusall of the said mariage, and in such like maner & forme as the said summes were afore deli|uered, contented and paied; that then this obligation and bond to be void, and of no strength. Prouided alwaies, that the said Edward king of England, shall giue know|ledge of his pleasure and election in the pre|misses in taking or refusing of the said ma|riage, or of repaiment of the said sums of monie, to our said souereigne lord, or lords of his councell, or to vs the said prouost, merchants, or any of vs, within the realme of Scotland, being for the time, betwixt this & the feast of Alhalowes next to come.
To the which paiment well and trulie to be made, we bind and oblige vs, & eue|rie of vs, our heires, successors, executors, and all our goods, merchandizes, & things what soeuer they be, where soeuer, or in what place, by water or by land, on this side the sea or beyond, we shall happen to be found, anie league, anie truce or safegard made or to be made, notwithstanding. In witnesse whereof to this our present wri|ting, and letters of bond, we, the said pro|uost, burgesses, merchants, and communi|tie, haue set our common seale of the said towne of Edenburgh, the fourth daie of August, the yeare of our Lord God, 1482. Giuen in the presence of the right mightie prince Richard duke of Glocester, Alexan|der duke of Albanie, the reuerend father in God Iames bishop of Dunkeld, & the right noble lord Henrie earle of Northumber|land, Colin earle of Argile, Thomas lord Stanleie, maister Alexander English, and others, &c.
Compare 1577 edition: 1 So that you see it was conteined in the said instru|ment or writing, that king Edward should intimate his pleasure vnto the said prouost and burgesses of Edenburgh, before the feast of Alsaints next follow|ing, whether he would the mariage should take place, or that he would haue the paiment of the monie. Ac|cording to which article, king Edward sent Gartier his principall king of armes,Gartier king of armes is sent into Scotland. and Northumberland herald, to declare his refusall of the mariage, and the election and choise of the repaiment of the monie. They came to Edenburgh eight daies before the feast of Alsaints, where (according to their commissi|on and instructions) Gartier declared the pleasure of the king his maister vnto the prouost and burgesses of Edenburgh, to whom he openlie said as followeth.
16.1. The intimation of Gartier king of armes to the Edenburghers.
The intimation of Gartier king of armes to the Edenburghers.
_I Gartier king of armes, seruant, Abr. Fl. ex Edw. Hall. fol. Ccxlvij. proctour and messenger vnto the most high and mightie prince, my most dread souereigne lord Ed|ward, by the grace of God king of England and of France, and lord of Ireland, by ver|tue of certeine letters of procuracie here readie to be shewed come, by my said soue|reigne lord made and giuen, make notice and giue knowledge vnto you prouost, bur|gesses, merchants and communaltie of the towne of Edenburgh in Scotland, that whereas it was sometime communed and agreed betweene my said souereigne lord on the one partie, and the right high & migh|tie prince Iames king of Scots on the o|ther partie, that mariage and matrimonie should haue beene solemnized, and had be|tweene Iames the first begotten sonne of the said king of Scots, and ladie Cicilie, daughter to my said souereigne lord the king of England.
And for the said mariage to haue beene performed, certeine and diuers great sums of monie beene paied and contented by my said souereigne lord, which summes of mo|nie, in case of refusall of the said mariage, by my said souereigne lord to be made and declared, yee the said prouost, burgesses, merchants, and communaltie, and euerie one of you are bound and obliged by your letters, vnder your common seale of your towne of Edenburgh, to repaie vnto his highnes vnder like forme, & at such termes as they were first paied. So that the king my souereigne lord would make notice and knowledge of his pleasure and election in taking or refusing of the said mariage of the repaiment of the said sums of monie, EEBO page image 708 before the feast of Alhalowes next to come; like as in your said letters, bearing date at Edenburgh the fourth daie of August last past, it was conteined all at large.
The pleasure and election of my said so|uereigne lord, for diuerse causes and consi|derations him moouing, is to refuse the ac|complishment of the said mariage, and to haue the repaiment of all such summes of monie, as (by occasion of the said betrusted mariage) his highnesse had paied. The said repaiment to be had of you prouost, bur|gesses, merchants, and communaltie, and euerie of you, your heires and successours, according to your bond and obligation a|fore rehearsed. And therefore I giue you notice & knowledge by this writing, which I deliuer vnto you, within the terme in your said letters limited and expressed, to all intents and effects, which thereof may insue.