VI. Kal. Marlii, pontificatus nostri anno .secundo." [Feb. 2Jth, a.d. 129C.]— Ex Chron. Rob. Gis-

burnensis. (Collated with the copy in Knighton, and in the Corp. Juris. Canonici, and corrected. Dr. Brady gives a translation of it. — Ed.]
VARIANCE liETWEKN THE KING AND HIS SUBJECTS. 581
archbishop of Canterbury, above mentioned, because he was found Edwardi. more stubborn than the rest, and was the inciter to the other, he ^ ^ seized upon all his goods, and caused an inventory of the same to be 1297. enrolled in the exchequer. Notwithstanding, divers of the other ^^^^7^^. bishops relented soon after to the king, and contributed the fifth of iJisiiopof their goods unto him, and were received again to favour. bury's
In the life of this king's father it was declared before, how the said fiscafed*"' kinff Henry III., after divers wars and commotions had with his ["■■ stub- barons, had granted certain liberties and freedoms written and con- tained in ' Magna Charta,' and in ' Charta de Foresta.' Concerning ' which matter, much business happened in this king's days also in the Variance realm, between the king and his barons and commons. The occasion kin^'Ed- was this : A sack of wool which before paid bnt a mark to the king, J*?"'' »'"' was now by this king raised up to forty shillings. After this, the and com- king having a journey to make into Flanders, sent to his barons and """*■ divers other to give their attendance and service in the same, which they refused and denied to do. The king, notwithstanding, persisting in his purpose, Avith such a power as he had prepared toward his journey. To whom being in his way at Winchelsca the aforesaid earls, barons, and commons, sent certain petitions contained in writing, under Petitions the name of the arclibishops, bishops, abbots, and priors, earls and "oi'J'a.l'rt*' barons, with the whole commonalty of the realm. In which writing, commons first lamenting and complaining of their afflicted state and misery, king, after humble manner they desired their lord the king to redress and amend certain grievances among them.
And first, they declared in the name of the wliole community of the land, that the premunitions or writs directed to them for their attendance upon his grace into Flanders, were not sufficient; for that there was no certain place in the said writs specilied unto them, wliither to come for making their provision, and preparing money and other things according to the same.
And if the place" had been to them signified, yet, because none of their ancestors ever served the king over into Flanders before, the commons there- fore thought themselves not bound to any service in that country.
And aliaeit ihey had been so bound thereunto, yet they were not able to do it, beino- so heavily oppressed with so many tallages, taxes, tolls, customs, and such prices of corn, oats, tin, wool, leather, oxen, kine, flesh, fish, &c. : and besides all this, having no penny of wages given them to relieve their charges. Wherefore, they were not able to render service, seeing that poverty like a heavy burden did for the aforesaid reasons miserably oppress them, insomuch that some of them had not enough to support themselves withal, and many of them were not able to till their own ground.
They alleged, moreover, that they were not now handled after the old laws and customs of the land, as their ancestors were wont. Many also found them- selves ao-p-rieved in that they were not used according to the articles contained in ' Magna Charta;' and again that the ' Charta de Foresta' was not observed Mapna nor kept, as it was wont to be. Wherefore, most humbly they beseeched the [,{j^5;|iJ|, king, both for his own honour and for the wealth of his people, that of these j.-or^st'a. ^ things they might find redress.
For the'custom, moreover, of wool, the whole commons bewailed to the king Custom their grief, in that for every sack of wool there was fined to the king forty for wool shillings, and for every sack of tosed wool ' seven marks ; the which wool of England, as it doth rise to the value of half the realm, so the tollage of the same surmounteth to the fifth part of the valuation of the whole land.
And because the connnons wished the honour and preservation of their king (as they were bound to do), they thought it not good for his grace to sail over to Flanders, unless he had better assurance of the fidelity of the Flemings, especially at this time^ when the Scots were so busy ; who, if they began to rebel he being at home in his land, much more were they like to stir he being nbroad
(1 ) To ' tose,' the same as ' teaze,' i. e. to comb. Todd's Johnson.— Er.
(2) For the explanation of this allusion, see infrJ, p. 584.- En.
,'582 ARTici.Ks y\i)i)r.n to magna chauta.
Edtrardl. out of the land. And that, not only for the Scots, but also for that the lik - — - — peril was to be doubted of other foreign nations and kingdoms, which as ye A. U. were in no firm peace with England.
'— To these petitions, the king said that he could as yet make no
kil.K's rcsohite answer, for that some of his council were gone over already t'he*eii'" ^^ Flanders, some were yet at London. Notwithstanding, at his tions of return again from P'landcrs (which he trusted should be speedily) they xZuom- should tlicn hear his answer, and know more of his mind concerning '"°"''- the same. In the mean time, this he required of them, to keep good rule at home while he was forth. What answer the king had minded to make them at his return, it is uncertain, which pcradvcnture had turned to a bloody answer, but occasion served otherwise, and turned all to agreement ; for the Scots with their captain AVilliam Wallace, (sccinfri, hereafter specified, in the mean time (the king being absent) invaded v-^^*i the realm with such violence, that prince Edward, the king's son, who was left to rule in his father's stead, was forced to assemble a parlia- (sept.3o,j ment, and to call for the earl of Norfolk, high marshal of England, and the earl of Hereford and Essex, high constable, with other earls, barons, knights, and esquires, to entreat peace and concord between his father and them. Who coming np to London, with fifteen hundred well- armed soldiers, and obtaining the gates of the city with their own men, fell at length to agreement with the prince, upon composition to have the articles of ' Magna Charta,' and of ' Charta de Foresta,' confirmed ; and that, by his means and mediation, they might be assured of the king's displeasure to be removed from them. To the which aforesaid articles of ' Magna Charta' certain other articles were adjoined withal, which here follow. Art'f'" First, No tallage or subsidy by the king or his heirs to be imposed or levied Magna*" liereafter within tlie realm of England, without the common assent of the arch- charta. bishops, bishops, and other prelates, earls, barons, knights, burgesses, and com- mons of the realm.
Item, No taker or servitor of the king, or of his heirs, henceforth, within this realm, to take grain, wool, leather, or any other goods of any man, without the will and consent of the owner.
Item, No taking to be hereafter, under the name of tribute, for any sack of wool. Item, To be granted by the king and his heirs after him, both to the clergv and laity of this realm, to have and to enjoy all their laws, liberties, and free customs, in as ample manner as they were wont at any time heretofore.
Item, If any decrees or statutes have been made and set forth by the king or his predecessors contrary to these aforesaid articles, the same to stand void and of no effect for ever.
Aprcc- Besides these articles, also in the same composition was contained,
concluded that all grudge and displeasure between the king and barons for not befweei'f'^ going to FLindcrs ceasing, the earls and barons might be assured to the king be rcceivcd again into the king's favour.
Kirons. These things thus agreed upon, and by mediation of the prince uerltT"' "^^^ c(»nfirmed and sealed with the king his father's seal, so was all and good tlic Variance pacified, to the great comfort of the people, and no less kuig'Li- strength of the realm against their enemies ; and most chicfiy to the ward. conmicndation of the gentle and wise nature of the king, who, as he was gentle in promising his reconcilement with his subjects, so no less constant was he, in keeping that which he had promised.
In this meanwhile there happened another broil, as great or greater, with Scotland, to the great disquiet of the king and the realm of England for many years. This trouble first began by the death of Alexander, king of Scots, who died without issue left alive behind
JOHN I!AI-IOL .MADK KING OF SCOTLAND. 583
liim : althougli Fabian in the seventh book of his Chronicles affirmeth Edwardi. that he left three daughters, the eldest married to Sir John Baliol, ^ ^ the second to Robert Bruce, the third to one Hastings. But this in 1292. Fabian is to be corrected, as which neither standeth not with itself, but is clearly convicted by the witness and history of Robert Aves- bury and also of Gisburn.
For first, if king Alexander had left his eldest daughter married to Sir John Baliol, then what controversy might rise among the lords about succession, needing so diligent and anxious deciding by the king of England ? Secondly, what claim or title could the king of Norway have to the crown of Scotland, who was one of the challengers, claiming the said crown in the behalf of Margaret, the niece' of the aforesaid king Alexander, her grandfather, if the eldest daughter of the father had been left alive ? Thirdly, what can be more plain, when Lack of by the affirmance of the aforesaid story it is testified, that king Alex- s"o^,l^fwi.at ander had two wives, of the second whereof he had no issue? Of aifce"it the first he had two children, Alexander, who died before his ftither, worketu and Margaret married to the king of Norway, who died also before "eatm. her fjither, of whom came Margaret the niece* of Alexander, and daughter to the king of Norway before mentioned ; and she also died in the journey between Norway and Scotland, the fourth year after the decease of her grandfather. Wherefore, as this matter standeth most clear, so let us now, returning from whence we digressed, prose- cute the rest that followeth. After that Alexander thus, as is said, departed without issue, and also Margaret his niece in Norway was deceased, the matter came to a great doubt among the nobles of Scotland (especially twelve by name), to whom the right of the crown should next pertain. After much variance among parties, at length the election and determination of the matter was committed to the judgment of king Edward of England. Who, after sufficient proof The king made to the Scots, and firm evidence brought out of all the ancient und"^' histories both of England and Scotland, testifying from time to time p™^;^^ "x that he was chief head and sovereign of the realm of Scotland, first, ^jj^^'^s^^^^ by necessity of the law, and by all their consents, took full possession ot \ot^ of the same ; and, that done, adjudged the right of the crown to John '^"0:1292. Baliol,^ who descended of the eldest daughter of David, earl of Hun- tingdon, brother to William I., king of Scotland in the days of king Henry H. This earl David had three daughters, Margaret, married to Alan earl of Galloway; Isabel, to Robert Bruce; and Ada, to Henry lord Hastings. Alan earl of Galloway had Dorvagile, married to John Baliol, father to this John Baliol, king of Scots ; and Helen, married to Roger Quincy, earl of Winchester, constable of Scotland.
When these things were thus finished in Scotland, and Sir John sir joi.n Baliol, as most rightful inheritor, had received the crown of Scotland ^'itde at the hands of king Edward thankfully, and for the same in the ^-ns of^ presence of the barony of England and of Scotland did unto the said by kmg king Edward his homatje, and sware to him fealty ;' the Scots, with Kin^-nf thefr new king, returned into Scotland, and king Edward removed j;^;^'^,^""' again to England, a.d. 1292. ^';^J^„f
" But not long after, the falseness of this Scottish kmg soon appeared, England, who, repenting him of his homage done, untruly forsook his former
CI) See note (2), vol. i. p. 8').- Kd. (2) The whole process is given in Kymer.— Ed.
(3) At Newcastle, Dec. 2fith, a. d. I2;i2. Kymer.— Ed.
5s4' Tiib: scors nisz, asu auk agaix sUBUCEn.
EdwardJ. oath aiul piuniisc, and made war against king Edward, through the
^ D counsel of the abbot of iMclros. Wherefore the king with a great
129n.' host sped him into Scotland, and in process laid siege to the town of
f,,i,,„,,^ Berwick, which the Scots did eagerly defend, not only to the discom-
of the fiture, but also to the derision, of the king and his English host. But
k^ng!'"*" in conclusion, the Englishmen prevailed and won the town, where
Townnnd ^ycrc slaiu of the Scots to the number of five and twenty thousand.
iTerwick ^V'hile the king was there busied in winning other holds about the
EnK- same, he sent part of his host to Dunbar, where the Englishmen again
"""• had the victory, and slew of the Scots twenty thousand, Gisburn saith
lu^st'iy""' Ij'it, ten thousand ; so that very few were lost of the English company.
punisned. '^'jj^, |.jj^o.^ y.^^]^ ^ great number of prisoners returning into his realm,
Aug. 22d, shortly after sped him over unto Flanders (as is above touched'), where
*""'"^' he sustained great trouble by the French king, till truce for certain
space was between them concluded. But, in the mean while that
king Edward was thus occui)ied beyond the seas, the French king,
resorting to his old-practised manner, set the Scots secretly against
The Scots the Englishmen to keep the king at home ; which Scots, making them-
asaln. sclvcs a Captain named ^Villiam ^V\1llace, warred upon the borders of
Northumberland, where they did much liurt. At length the king, re-
second turning from Bordeaux into England, shortly upon the same took his
of king journey into Scotland, where meeting at York with the host, he marches
i^'t^s'c^ot- '"*^" '•I'c realm of Scotland, winning, as he went, towns and castles,
'a"d- till at length coming to the town of Falkirk on Mary Magdalen's day,
Notable he met with the power of Scotland, and had with them a sore fight,
asl\n?t but, through God's providence, the victory fell to the right cause of
jliiv 2°2.i' Englishmen : so that of the Scots were slain in the field, as it is of divers
A.D.r2U8. writers affirmed, above the number of thirty and two thousand, and of
Englishmen but barely twenty-eight persons.^ Whereupon the king,
again taking possession and fealty of the whole land, returned hoine.
A.n.i2!)9. And yet the false untruth of the Scots would not thus be ruled,
swornTo'* ^^^^ ^'"^^ ^P '" '''• "*^^^' ^^''^^^ ' ^^ ^^'^^ ^^^^ 1^'"" ^^^^ cuforccd to make the king's his powcr again the year following into Scotland, where he so suppressed ance. the rebellion of the lords and of the commons, that they, swearing to the king's allegiance, presented themselves by great companies, and put themselves wholly at the king's grace and mercy : so that the king, thinking himself to be in peaceable possession, and in a great surety of the land, caused to be sworn unto him the rulers of the boroughs, cities, and towns, with other officers of the land, and so returned unto Berwick, and so into England, and lastly to Westminster.
These martial affairs between England and Scotland, although they
appertain not greatly to the purpose of our story ecclesiastical, yet so
much, by the Avay, 1 thought briefly to touch, whereby the better it
might be understanded by these premises, that which followcth in the
sequel iiereof.' As the Scots were thus warring and raging against
the king, and saw they could not make their party good, they sent
j)rivily to pope Boniface VIII. for his aid and counsel : who imme-
The diately sendeth down his precept to the king, to this effect, that he
llle8sa^'p should hereafter surcease to disquiet or molest the Scots, for that they
kiily^ were a people exempt, and properly pertaining to his chapel ; and
therefore it could not otherwise be, but that the city of Jerusalem
must needs defend its own citizens, and, as the Mount Sion, maintain
(I) Supra, pp. .')81, 582.— E». (5) Ex Fabiano. (3) E.\ Chron. Tho. Walsinghara et Avcsbuiy
TllK I'OPk's challenge AND THE KINg's AX.SWl.K. 585
such as trust in the Lord, &c. Whercunto the king briefly niakcth ndwardi answer again, swearing with an oath, that he would to his uttermost a. D. keep and defend that wliich was his right, and known as such to all 1301. the world. Thus the Scots, bearing themselves bold upon the pope's '^^ message, and also confederating themselves with the Frenchmen, ^^^'^ passed over that year. The next year after that (which was the twenty- eighth year of the king's reign), the said pope Boniface directeth his letters again to the king,' wherein he doth vindicate the kingdom The pope of Scotland to be proper to tlie church of Rome, and not subject to the ^fh gt"?." king of England ; showing, therefore, that it was against God, against 'and
. ,^ o^^o free from
Justice, and also prejudicial to the church of Rome, for him to have or the do- hold any dominion upon the same; which he proved by these reasons:^ — England!
First, that when khig Henry, the father of this king, requested aid of Alex- ander, king of Scots, his son in hivv, in liis wars against Simon Mountfort, he recognised and acknowledged by his letters patent, that he received the same of king Alexander, not of any subjection or duty, but only of special favour.
Item, that when the said king Alexander attended the coronation of this king Edward, he did it as a favour, not as a duty, as Edward confessed by his letters patent.
Item, that when the said king Alexander did homage to the said king Edward, he did it not as king of Scotland, but only for certain lands of Tindal and Pen- rith, lying in England.
Item, that when the said king Alexander left behind him Margaret his heir, being niece to the king of England, and yet under age ; yet the wardship of the said Margaret was committed not to the king of England, as her superior lord, but to certain lords of Scotland, deputed to the same.
Moreover, when any legation was directed down from Rome to the realms of England and Scotland, for collecting of tenths or other causes, the said lega- tion took no place in the realm of Scotland, and might well be resisted (as it was in king Alexander's^ days) in virtue of a special privilege granted to the Scots by the holy see, except another special commission touching the realm of Scotland were joined withal. Whereby it appeareth, that these be two several dominions, and not subject under one.
Adding, furthermore, that the kingdom of Scotland first was converted by the relics of the blessed apostle St. Peter,* through the divine operation of God, to the unity of the catholic faith.
Wherefore, upon these causes and reasons, pope Boniface, in his letters to the king, required him to give over his claim, and cease his wars against the Scottish nation, and to release all such, both of the spiritualty and the laity, as lie had of them prisoners. Also, to call home again his officers and deputies, which he had there placed and ordained to the grievance of that nation, to the slander of all faithful people, and no less prejudice to the church of Rome. And if he would claim any right or title to the said realm, or any part thereof, he should send up his proctors specially to the same appointed, with all that he could for himself allege, unto the see apostolic, there to receive what reason and right would require."
The king, after he had received these letters of the pope, assembled a.d.isol a council or parliament at Lincoln, by the advice of Avhich council and repiiethro parliament, he addressed other letters respousal' to the pope again ; "^^ p"?"- wherein first, in all reverend manner, he desireth him not to give light ear to the sinister suggestions of false reporters, and imaginers of mischief. Then he declareth out of old records and histories, that
" From the first time of the Britons the realm of Scotland hath always, from Scotland time to time, been all one with England, beginning first with Brutus in the time all one of Eli and Samuel the prophet : which Brutus, coming from Troy to this isle, |"J,j "^'
(1) Given at length in Rymer, dated Anajrni, 5 Cal. July, 5th year of the pontificate, i.e. June 27th, A.D. 1300. — Ed. (2) Corrected and amplified from VValsingham and Rymer. — Kd.
(3) •' When the cardinal of St. Adrian (afterward pope Adrian, my intimate friend) wa-s legate there." VValsingham and Rymer. — Ed. (4) " St. Andrew." Rymer.— Ed.
(5) Given at length in Rynxcr, dated Keinisey, 11th May, a.o. 1301. — Ed.
586 TIIK TITI.K OK SCOri.ANU PROPER TO EXGLAXD.
Jidicardl. called then Albion, after called by him Britannia, had three sons ; Locrinus, — to whom he gave that part of the land, called then of him Lcegria, now Anglia; ^- ^' Alhanactus, his second son, to whom he gave Albania, now called Scotia ; and ^301- l,is third son, Camber, to whom he gave Cambria, now called Wales.
" And thus much concerning the first division of this isle, as in ancient histories is found recorded. In which matter, passing over the drowning of king Humbcr, the acts of Donald, king of these realms, the division of them between his sons Belyn and Brenne, and the victories of king Arthur, we will resort," saith the king, " to more near limes, testified and witnessed by sufficient authors, as Marianus Scotus, William Malmesbury, Roger Hovedeu, Henry Huntingdon, Ralph de Diceto, and others, all of whom make special declara- tion and give manifest evidence of the execution of this our right," saith he, " and title of superiority ever continued and preserved hitherto.
" And first to begin with Edward the Elder, before the conquest, son to Alured (or Alfred), king of England, about a.d. 901, it is plain and manifest, that he had under his dominion and obedience the king of Scots : and here is to be noted, that this matter was so notorious and manifest, that Marian the Scot, writing that story in those days, granteth, confesseth, and testifieth the same : and this dominion continued in that state twenty-four years. At that time, Athelstan succeeded to the crown of England, and having by battle coii- ([uered Scotland, he made one Constantine, king of that parly, to rule and govern ilie country of Scotland under him ; adding this princely word, that it was more honour to him to make a king, than to be a king.
" Twenty-two years after that, which was a.d. 947, Edred the king, our pro- genitor, Athelstan 's brother, took homage of Yric, then king of Scots.
" Twenty-six years after that, which was a.d. 973, king Edgar, our prede- cessor, took homage of Kenneth, king of Scots. Here was a little trouble in England by the death of St. Edward, king and martyr, destroyed by the deceit of his mother-in-law, but yet the Scots did not rebel.
'• Forty-four years after the homage done by Kenneth to king Edgar, that is to say, A.D. 1017, Malcolm, the king of Scots, did homage to Canute our prede- cessor. After this homage done, the Scots uttered some piece of their natural disposition, whereupon (by war made by our progenitor St. Edward the Con- fessor, thirty and nine years after that homage done, that is to say, a.d. \ObQ), Macbeth, king of Scots, was vanquished, and the realm of Scotland given to Malcolm, son of the king of Cumberland, by our said progenitor St. Edward, unto whom the said Malcolm did homage and fealty.
" Within ten years after that, William the Bastard entered this realm, whereof he accounted no conquest perfect until he had likewise subdued the Scots; and, therefore, in the sixth year of his reign (which was a.d. 1071) Malcolm, king of Scots, rebelling, was forced to do homage to the said William as to his superior.
" Sixteen years after that, which was a.d. 1087, the said Malcolm did homage and fealty to William Rufus, son to the said William the Bastard ; and after that, being slain in the third year of his reign, his son Duncan was substituted in his place, who likewise was treacherously slain ; and therefore was ordained in that estate by the said William Rufus Edgar, brother to the last Duncan, and son to Malcolm aforesaid, who did iiis homage and fealty accordingly, a.d. lOOfi.
" Eleven years after that, which was a.d. 1107, the said Edgar, king of the Scots, died ; when his brother Alexander was substituted in his place by Henryl., our progenitor.
" Twenty-nine years after that, David king of Scots did homage to Matilda, the enipcratrice, as daughter and heir to Henry I., a.d. 113G. Wherefore being afterwards required by Stephen, then obtaining possession of tlie realm, to make his homage, he refused so to do, because he had before made it to the said Matilda, and thereupon forbore. Notwithstanding, Henry, the eldest sou of the said David, did homage to the said king Stephen.
" In the sixteenth year of the reign of Henry II., which was a.d. 1170, William, king of Scots, and David his brother, with all the nobles of Scotland, did homage to the son of Henry II., with areservalion of their duty to his father. " Four years after that, which was a.d. 1174, William, king of Scotland, after much rebellion and resistance according to their natiu-al inclination (king Henry H. then being in Normandy), acknowledged finally his error, and made his peace and composition, confirmed with his great seal, and tiie seals of the nobility of Scotland, doing therewith his homage and fealty.
LETTER OV PAIU-IAMENT TO THE POI'K. 587
" Within fifteen years after that, which was a.d. 1189, tlie said William, king KJuardl.
of Scots, came to our city of Canterbury, in the month of December, and there
did homage to our noble progenitor king Richard I. '^- ^•
" Eleven years after that, the said William did homage to our progenitor J;.^^^' king John, upon a hill beside Lincoln, making his oath upon the cross of Hubert, then archbishop of Canterbury, and there present, and a marvellous multitude assembled for that purpose, a.d. 1200.
" Fifty-one years after that, which was a.d. 1251, Alexander, king of Scots, married Margaret, the eldest daughter of our progenitor Henry III., at our city of York, at the feast of Christmas : at which tune the said Alexander did his homage to our said progenitor, who reigned in this realm fifty-six years. And, therefore, between the homage made by the said Alexander, king of Scotland, and the homage done by the same Alexander, king of Scots, to us at our coronation at Westminster, there was twenty-three years. At that time, the said Alexander, king of Scots, repaired to the feast of our coronation, and there did he his duty as is aforesaid." '
Besides these letters of the king, the lords temporal also, in the name of the whole community and parliament, wrote another letter to the pope answering to that, whereas tlie pope arrogated to him to be judge for the title to the realm of Scotland, which the king of England claimed to himself; which letter I also thought here to annex, containing as in the words of the same here foUoweth to be read and seen.
The Lords Temporal, and the whole Barony of England, to the
Pope.
The holy mother church of Rome, by whose ministry the catholic faith is A letter o/" governed, proceedeth in her acts (as we firmly believe and hold) with that ripe- JemiMrl^ ness in judgment, that she would prejudice none, but, like a fond mother, would to the have every one else's rights preserved unimpaired as well as her own. Whereas P°P*- therefore in a general parliament convoked at Lincoln by our most serene lord Edward, by the grace of God the illustrious king of England, the same our lord caused certain apostolic letters which he had received from you, about certain matters touching the condition and state of the realm of Scotland, to be openly exhibited and read to us seriatim : having heard and diligently considered the same, we perceived that they contained things which amazed us, and such as were hitherto unheard of. For we know, most holy father, and it is notorious in the parts of England, and not unknown in some quarters besides, that ever since England first became a kingdom, as well in the times of the Britons as of tlie English, its kings had the supreme and direct dominion over the realm of Scot- land, and have been in possession of the said dominion without interruption in all successive periods ; nor did the said realm at any time belong, nor does it by any sort of right belong, to the aforesaid church : nay, the same realm of Scot- land of old time was in fee to the kings of England, ancestors of our aforesaid lord, as well as to himself. Furthermore, the kings and the realm of the Scots were never subject to, nor wont to be subject to, any other than the kings of England; nor have the kings of England ever answered, nor ought they to answer, for their rights in the aforesaid realm, or for any other their temporali- ties, before any judge ecclesiastical or secular, by reason of the free pre-eminence of the state of their royal dignity and custom, kept without breach at all times Wherefore, after treaty had, and diligent deliberation on the contents of your aforesaid letters, it was and is the common, agreeing, and unanimous feeling of one and all, and shall be so immoveably in time to come, by God's grace — that our aforesaid lord the king ought by no means to answer, judicially, touching any of his rights in the realm of Scotland, or any other his temporalties, before you, nor undergo your judgment by any means, nor should bring his aforesaid
( 1 ) The foregoing historical summary is in Avcsbury and Walsingham : it is also given by Rynier, from the Records, who also gives a precept of the king (dated Sept. 26, a.d. 1300) to divers chapters and monasteries, and Oxford lawyers, to produce all the information they could discover touching the question, by the octaves of St. Hilary. A similar historical epitome is also given by Rymer, «..D. 12;)2, much more resembling this. From Avesbury and Rymtr Foxe's text is corrected.— £i>.
■J88 ANOTHF.ll COITISH ia:BKLLU)N SUPPRESSED.
Edwardl. rii,'lits info question, nor ou-ht to send any proctors or messengers to your
presence for tliat pu pose : especially seeing that the premises would manifestly
A. D. go to the disinheriting of the right of the crown of England, and the plain 1306. overthrow of the state of the said realm, and also to the prejudice of the liber-
ties, customs, and laws of our fathers; to the keeping and defence of which we
are 'hound bv the duty of our oath made ; add which wc will maintain with all our power, "and defend, by God's help, with all our might. And further, we neither do nor will (neither can we nor ought we to) suffer our aforesaid lord the kin" by any means to do or to attempt the premises, being so unusual, impropt^r, prejudicial, and hitherto unheard of. Wherefore, we reverently and humbly beseech your holiness, that ye would kindly allow the same our lord the king (who among other princes of the world, showeth himself catholic and devout to the Komish church) peaceably to enjoy his rights, liberties, customs, and laws, without diminution or molestation, and to let them continue untouched. In witness whereof we have set our seals to these presents, as well for our- selves as for the whole community of the aforesaid realm of England. Given at Lincoln, on the twelfth day of February, in the year of our Lord 1301, and in the twenty-ninth year of Edward J.'
A.D.1302. I'lie vcar next following (a.d. 1302), tlie said pope Boniface, the
l\Uh^ eiglith (if that name, taking displeasure with Philip the French king,
i''"? excited king Edward of England to war against him, promising him
k^ng"'' great aid thereunto. But he (as mine author saith), little trusting
the pope's false unstable aifection toward him well proved before, put
hiui off with delays.2 Whereupon, the French king, fearing the
power of king Edward, whom the pope set against his friendship,
[May 20, restored unto him again Gascony, which he wrongfidly had in his
iivml-r']'' hands detained. Concerning this variance here mentioned between
tlie pope and the French king, how it began first, and to what end it
tell out, the sequel hereof (Christ willing) shall declare, after I have
finished the discourse begun between England and Scotland.
.Another Ncxt year the aforesaid William Wallace, who had done so many
n-MuL
Mippr^s- gathered great multitudes of the Scots to withstand the king, till at
"^' length in the year following he was taken, and sent up to London,
[Aug.23d, and there executed for the same. After which things done, the king
fa,,^-] then held his parliament at Westminster, whither came out of Scot-
[Sei.t.15.1 land the bishop of St. Andrews, Robert Bruce, grandson of Robert
Bruce above mentioned, the earl of Uunbar, the earl of Athol, and
sir .Tolm Comming,^ with divers others, who voluntarily were sworn to
The pope be true to the kiiig of England, and to keep the land of Scotland to
wiXduf his use against all persons. l^ut shortly after the said Robert Bruce,
obedience forgetting liis oath before made unto the king, by the counsel of the
ofsubjects abbot of Scone and the bishop of St. Andrews sent up unto pope
their"'" Clement V. for a dispensation of his oath made, insinuating to him,
'"'"'•■^" that king Edward vexed and grieved the realm of Scotland wrongfully ;
whereupon the pope wrote unto the king to leave off such doings. Not-
The withstanding this inhibition of the po])e, the king, prosecuting his own
mrhi'tion 1-ight, after he had understanding of the doings of the Scots and of the
"n'^En^f mischief of Robert Bruce, who liad slain with his own hands sirJolm
land. Comming, for not consenting with him and other lords at his parlia-
Another mcut, arraved his power and strength of men, preparing himself
ofthe"" toward Scotland ; where, joining with the said sir Robert and all his
Scots. power of Scotland in a plain, near unto St. John's Town,* he put
him to flight, and so chased the Scots, that of them were slain to the
(I) Corrected from the originai. printed in Uj-mer.— En. (21 F.x Rob. Avesbury.
a) " Comminn." or Comyn.— I'.i>. (4) Al Melhven neni Veitli, June 2^th, l:i06.— Ei».
rriAUACTKU OF POPF, EOXIFACE VIII. 589
immber of seven thousaiitl. In tlie wliicli victory, such bisliops and Euwardi abbots as were taken he sent to the pope ; the tenijioral lords and other ^^ q Scots he sent to London, &c. Sir Robert Bruce, after this disconi- i;307. fiture, when lie had thus lost both the field and his chief friends, ^"~ seeing himself not able to make his party good, fled into Norway, suijdiied. where he kept his abode during the time while king Edward lived. When this noble Edward had thus subdued the Scots, he yielded thanks to God for his victorv, and so setting the land in a quiet and an order, he returned unto London ; which was in the thirty-fifth and last year of his reign, a.d. 1307.
Now returning to that which I promised before, touching the vari- ance and grievous dissension between Philip the French king and pope Boniface VIII. After the bishopric of Rome had been long void through the dissension of the cardinals, for the space of two Pore ni- years and three months ; at length pope Celestine was chosen sue- po^g^o^,' cessor to pope Nicholas IV. Which Celestine, in his first consistory, vacant began to reform the clergy of Rome, thinking to make it an example p^p^^^ to all other churches ; wherefore he procured to himself such hatred CeicstK among his clergv, that this Boniface (then called Benedict) speaking through a reed by his chamber wall, nightly admonished him, as it had been a voice from heaven, that he should give over his papacy, as being a burden bigger than he could wield.
This pope Celestine, after he had sat six months, by the treacliery Crafty and falsehood of this Boniface was induced to give up and resign his i",fong^ bishopric, partly for the voice spoken of before, partly for fear ; being [^''J'^fijgijf told by certain craftily suborned in his chamber, that if he did not resign he would lose his life ; who then, after his resignation, going to live in some solitary desert, being a simple man, was vilely taken and thrust into perpetual prison by pope Boniface, craftily pretending that he did it not for any hatred to Celestine, but that seditious persons might not have him as their head to raise up some stir in the church ; and so he was brought to his death. Wherefore this Boniface Tiie was worthily called the eighth Nero ; of whom it was rightly said, he nSfo. came in like a fox, reigned like a lion, and died like a dog.'
This pope Boniface succeeding (a.d. 1294), or rather invading Pop, after Celestine, behaved himself so imperiously, that he put down " princes, and excommunicated kings, such as did not take their con- Mischief firmation at his hand. Divers of his cardinals he drove away for fear ; p°pe b^„. some of them as schismatics he deposed and spoiled of all their sub- Jj^'^^^j.-,^^^ stance. Philip, the French king, he excommunicated, for not suffer- ing his money to go out of the realm ; and therefore cursed both him and his to the fourth generation. Albert, the emperor, not once or twice, but thrice sought at his hands to be confirmed, and yet was rejected, neither could obtain, unless he would promise to drive the French king out of his realm. In the factious discord in Italy be- tween the Guelphs and Ghibellines, which the part of a good cuciphs bishop had been to extinguish, so little he helped to quench the beiiines, smoke, that he of all others was the chiefest firebrand to increase the [J*„",s'^^," flame ; insomuch that upon Ash Wednesday, when Porchetus,' an Rome.
(1) Ex Massaeo.
(2) Vossius (de Script. I.at.) telli. this story of Jacobus de Vira;.'ine, archbishop of Genoa, citing Blondus and Philippus Hcryomensis for liis authorities.— Ed.
Boniface VIII.
".90
VAUIA>;CK BKTWEF.X THE HIF.KCII KINC, AW BONIFACE VIII.
French I/isturif.
A.D.
i;50i.
Juliilcc first be- KUii in Rome.
The pope clainieth and ))raf- tisetli the power of iKjth i words.
P.)pe Bo- niface