❧ A DECLARATION, CONTAINING THE IUST CAUSES and considerations, of this present war with the Scotts, wherein also appeareth the true & right title, that the kings most royal majesty hath to the sovereignty of Scotland. ❧ historiated page border BEING NOW ENforced to the war, which we have always hitherto so much abhorred and fled, by our neighbour and Nephieu the king of Scotts, one, who, above all other, for our manifold benefits towardis him, hath most just cause to love us, to honour us, and to rejoice in our quiet: We have thought good to notify unto the world his doings and behaviour in the provocation of this war, and likewise the means and ways by us used to eschew and avoid it, and the just and true occasions, whereby we be now provoked to prosecute the same, and by utterance and divulging of that matter, to disburden some part of our inward displeasure and grief, and the circumstances known, to lament openly with the world, the infelicity of this time, in which things of such enormity do breast out and appear. THE KING of Scots our Nephieu and neighbour, whom we in his youth & tender age preserved and maintained from the great danger of other, and by our authority and power conduced him safely to the real possession of his estate, He now compelleth and forceth us for preservation of our honour and right, to use our puissance and power against him. The like unkindness hath been heretofore showed by other in semblable caces against God's law, man's law, and all humanity: but the oftener it chanceth, the more it is to be abhorred, & yet in the persons of princes for the rarity of them can so happen but seldom, as it hath now come to pass. IT HATH been very rarely and seldom seen before, that a king of Scotts hath had in marriage a daughter of England: We can not, ne will not reprehend the king our father's act therein, but lament and be sorry it took no better effect. The king our father in that matter minded love, amity, and perpetual friendship between the posterity of both, which how soon it failed, the death of the king of Scotts, as a due punishment of god for his injust invasion into this our realm, is and shall be a perpetual testimony to their reproach for ever, and yet in that present time could not the unkindness of the father extinguish in us the natural love to our Nephieu his son, being than in the miserable age of tender youth: but we than forgetting the displeasure that should have worthily provoked us to invade that realm, nourished and brought up our Nephieu to achieve his father's possession and government, where in he now so unkindly useth and behaveth him towards us, as he compelleth us to take armour and war against him. IT IS specially to be noted, upon what grounds, and by what means we be compelled to this war, wherein among other is our chief grief and displeasure, that under a colour of fair speech and flattering words, we be in deeds so injured contemned and despised, as we ought not with sufferance to pretermit and pass over. Words writings letters messages, ambassiatis, excuses, allegations, could not more pleasantly, more gently, ne more reverently be devised and sent, then hath been made on the king of scots behalf unto us, and ever we trusted, the tree would bring forth good fruit, that was on th'one party of so good a stock, and continually in appearance put forth so fair buds: and therefore would hardly believe or give ear to other, that ever alleged the deeds to the contrary, being nevertheless the same deeds so manifest, as we must needs have regarded them, had we not have been so loath to think evil of our Nephieu, whom we had so many ways bound to be of the best sort toward us. And therefore having a message sent unto us the year paste from our said Nephieu, and a promiss made for the repairing of the said king of Scotts unto us to York, and after great preparation on our part made therefore, the same meeting was not only disappointed, but also at our being at York, in the am thereof, an invasion made by our said Nephieu his subjects into our realm, declaring an evident contempt and despite of us: We were yet glad to impute the default of the meeting to thadvise of his counsel, and the invasion to the lewdness of his subjects: and according thereunto gave as benign and gentle audience to such Ambassadors, as repaired hither at the Christmas afterward, as if no such causes of displeasure had occurred, specially considering the good words, sweet words, pleasant woordis, eftsoons proponed by the said Ambassadors, not only to excuse that was past, but also to persuade kindness and perfect amity to ensue. And albeit the king of Scotts having contrary to th'article of the league of amity, received and entreteigned such rebels, as were of the chief and principle, in sterringe the insurrection in the North against us, with refusal before time, upon request made to restore the same: yet nevertheless upon offer made by the said ambassadors, to send commission to the bordures, to determine the debates of the confinies in the same, with so great a pretence of amity and so fair words, as could be in speech desired: we were content for the time to forbear to press them over extremely in the matter of rebels, Albeit we never remitted the same, but desirous to make trial of our said Nephieu in some correspondence of deeds, condescended to the sending of commissioners to the borders, which to our great charge we did, and the king of Scots our said Nephieu the semblable. Where after great travail made by our Commissioners, this fruit ensued, that being for our part challenged a piece of our ground, plainly usurped by the Scotts, and of no great value, being also for the same showed such evidence, as more substantial, more authentic, more plain and evident, can not be brought fourth for any part of ground within our realm. The same was nevertheless by them denied, refused, and the evidence only for this cause rejected, that it was made (as they alleged) 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 wait, as no man would have attempted to falsify for such a matter. And yet this denial being in this wise made unto our Commissioners, they never the less by our commandment departed as friends, from the Commissioners of Scotland, taking order as hath been accustomed for good rule upon the borders in the mean time. AFTER which their recess, the lord Maxwell, warden of the west marches of Scotland, made proclamation for good rule, but yet added therewith, that the bourderers of Scotland should withdraw their goods from the borders of England: And incontinently after the Scottisshe men bourdurers, the fourth of july, entered into our realm suddenly, and spoiled our subjects, contrary to our leagues, even after such extremity, as it had been in time of open war. Whereat we much marveled, and were compelled therefore to furnish our bourdour with a garrison for defence of the same. Whereupon the king of Scotts sent unto us james eighteen, master of his household, with letters devised in the most pleasant manner, offering redress and reformation of all attemptates. And yet nevertheless at the entry of the said eighteen into England, a great numbered of the Scotts, than not looked for, made a foray into our borders, to the great annoyance of our subjects, and to their extreme detriment, wherewith and with that unseemly dissimulation, we were not a little moved, as reason would we should. And yet did ●e not finally so extremely persecute and continue our said displeasure, but that we gave benign audience to the said eighteen, and suffered ourself to be somewhat altered by his words and fair promises, tending to the persuasion that we ever desired, to find the king of Scotts such a Nephieu unto us, as our proximity of blood, with our gratuity unto him, did require. IN THE mean time of these fair words, the deeds of the borders were as extreme as might be, and our subjects spoiled: and in a road made by sir Robert Bows for a revenge thereof, the same sir Robert Bows with many other taken prisoners, and yet detained in Scotland, without putting them to fine and ransom, as hath been ever accustomed. And being at the same time a surceaunce made on both sides at the suit of the said eighteen for a season: the Scotts ceased not to make sundry invasions into our realm in such wise, as we were compelled to forget fair words, and only to consider the king of Scots deeds, which appeared unto us of that sort, as they ought not for our duty in defence of our subjects, ne could not in respect of our honour, he passed over unreformed: and therefore put in a readiness our army, as a due mean whereby we might attain such a peace, as for the safeguard of our subjects we be bound to procure. AFTER which preparation made, and knowledge had thereof, the king of Scotts cessed not to use his accustomed mean of fair words, which in our natural inclination wrought eftsoons their accustomed effect, evermore desirous to find in the king of Scotts such a regard and respect to be declared in deeds, as the correspondence of natural love in the Nephieu to such an Uncle, as we have showed ourself towards him, doth require. Wherefore upon new request and suit made unto us, we determined to stay our army at York, appointing the Duke of Norff. our lieutenant, the lord privy seal, the bishop of Dureham, and the master of our horses, there to comen treat and conclude with the Ambassadors of Scotland, for an amity and peace upon such conditions, as by reason and equity were indifferent, whereby the war might be eschewed, being by sundry invasion of the Scotts than open and manifest. IN THIS communication between our and their commissioners, after divers degrees of commission, showed by the Scotts, and finally one, that was by our commissioners allowed, matters were proponed for conclusion of amity, nothing difficile or hard on our part, but so agreeable to reason, as the commissioners of Scotland said, they doubted not, but if it might once be brought to pass, that the king of Scotts our Nephieu might have a meeting with us, all matters should easily be componed and determined. Whereupon they left speaking of any articles of amity, and the ambassadors of Scotland made much outward joy in communication of a meeting, they showed themself in words fashion and behaviour moche to delight in it, to rejoice in it, and therewith thought it easy and facile to be concluded and accomplished, and for their part they took it then for a thing passed, a thing concluded, and most certain to take effect, and only desired vi days to obtain answer from their master, and our army for that time to stay and go no further. Whereunto our commissioners then agreed. AFTER THESE six days was sent a commission out of Scotland, with power to conclude a meeting precisely at such a place, as they knew well we would not, ne could not in winter observe and keep, wherewith when our commissioners were miscontent, the ambassadors of Scotland to relieve that displeasure, and to temper the matter, whereby to win more time, showed forth their instructions, wherein liberty was given to the ambassadors to exceed their commission in the appointment of the place, and to consent to any other by our commissioners thought convenient, which manner of proceeding, when our commissioners refused, alleging that they would not conclude a meeting with men, having no commission thereunto, the ambassadors of Scotland upon pretence to send for a more ample and large commission, agreeable to their instructions for appointment of the place, obtained a delay of other vi days, to send for the said ample commission without restraint of place. And after those vi days they brought forth a new commission, made in a good form, and without exception. But therewith they showed also new instructions, containing such a restraint as the former commission did contain, so as the liberty given to the Commissioners in the commission was now at the last removed and taken away by the instructions, with addition of a special charge to the ambassadors not to exceed the same. AND thus first the ambassadors of Scotland seemed to have will and desire to conclude of a place seemly and convenient, which for want of commission they might not do, and at the last might have concluded a meeting by virtue of their commission, and then for fear of the commandment in their second instructions they durst not. And so they showed their first instructions partly to excuse their king, who should seem secretly to will more, than in the commission he did openly profess. AND THAN with an ample commission from the king, they showed their secret instructions for defence of themself, why they proceeded not according to their commission, not caring how much they charged therein their king, whose fault they disclosed to discharge themself, trusting that by benefit of the winter approaching, and the time lost in their communication their master should be defended against our power for this year, without doing for their part that by honour, right, law, and leagues they be obliged and bound to do. And in this mean time our subjects taken prisoners in Scotland could not be delivered upon any ransom, contrary to all custom and usage of the border in the time of peace & war. and in this mean time stayed a great part of our army already pressed, and in our wages to go forward. In this time ambassadors (as ye have herd) assembled to talk of an amity and conclude it not. The treating of amity was put over by communication of a meeting. THE communication of meeting was so handled by alteration of commission and instructions on their behalf, as it appeareth a plain devise only excogitate for a delay, which hath given us light, where upon more certainly to judge the king of Scotts inward affection towards us, whose deeds and words well weighed and considered, doth us plainly to understand, how he hath continually laboured to abuse us with sweet and pleasant words, and to satisfy the appetites of other at home and abroad with his unkind and displeasant deeds. In his words he professeth an indissoluble amity, he allegeth kindred, he knowledgeth benefits, only the fault is that he speaketh an other language to all the world in deeds, and thereby so toucheth us in honour and denegation of justice, as we be enforced and compelled to use the sword, which god hath put in our hand as an extreme remedy, whereby to obtain both quiet for our subjects, & also that is due unto us by right, pacts, and leagues. WE HAVE patiently suffered many delusions, and notably the last year, when we made preparation at York for his repair to us: But should we suffer our people and subjects to be so oft spoiled without remedy? This is done by the Scotts what so ever their words be. Should we suffer our rebels to be detained contrary to the leagues without remedy? This is also done by them what so ever their words be. Should we suffer our land to be usurped contrary to our most plain evidence, only upon a will, pride, and arrogancy of the other party? This is done by them what so ever their words be. And all these be over presumptuously done against us, and give such signification of their arrogancy, as it is necessary for us to oppress it in the beginning, lest they should gather further courage to the greater displeasure of us and our posterity hereafter. And yet in the entreating of this matter, if we had not evidently perceived the lack of such affection as proximity of blood should require, we would much rather have remitted these injuries in respect of proximity of blood to our Nephieu, than we did heretofore the invasion of his father. But considering we be so surely ascertained of the lack thereof, and that our blood is there frorne with the cold air of Scotland, there was never prince more violently compelled to war than we be, by the unkind dealing, unjust behaviour, unprincely demeanour of him that yet in nature is our Nephieu, and in his acts and deeds declareth himself not to be moved therewith, ne to have such earnest regard to the observation of his pacts and leagues, ne such respect to thintreteynment of the administration of justice, as natural equity bindeth, and conservation of amity doth require: which we much lament and be sorry for, and use now our force and puissance against him, not for revengeance of our private displeasure (being so often deluded as we have been) but for recovery of our right, the preservation of our subjects from injuries, and the observation of such leagues as have passed between us, firmly trusting, that almighty god, under whom we reign, will assist and aid our just procedings herein to the furtherance and advancement of the right, which we doubt not shall ever prevail against wrong falsehood deceit and dissimulation. ¶ HITHERTO it appeareth how this present war hath not proceeded of any demand of our right of superiority, which the kings of Scots have always knowledged by homage and fealty to our progenitors even from the beginning: But this war hath been provoked and occasioned upon present matter of displeasure, present injury, present wrong ministered by the Nephieu to the Uncle most unnaturally, and supported contrary to the deserts of our benefits most unkindly. If we had minded the possession of Scotland, and by the motion of war to attain the same, there was never king of this realm had more opportunity in the minority of our Nephieu Ne in any other realm a prince that hath more just title, more evident title, more certain title, to any realm that he can claim, than we have to Scotland, not devised by pretence of marriage, not imagined by covenant, or contrived by invention of argument, but lineally descended from the beginning of that estate established by our progenitors, and recognized successively of the kings of Scotland by deeds words acts & writings continually almost without interruption, or at the least intermission, till the reign of our progenitor Henry the, VI, in whose time the Scotts abused the Civil war of this realm, to their licence and boldness, in omitting of their duty: which for the proximity of blood between us, we have been slack to require of them, being also of ourself inclined to peace, as we have ever been always glad, rather without prejudice to omit to demand our right, if it might conserve peace, than by demanding thereof to be seen to move war, specially against our neighbour, against our Nephieu, against him, whom we have preserved from danger, and in such a time as it were expedient for all Christendom to be unite in peace, whereby to be the more able to resist the common enemy the Turk. BUT for what so ever considerations we have omitted to speak hitherto of the matter, it is never the less true, that the kings of Scots have always knowledged the kings of England superior lords of the realm of Scotland, and have done homage and fealty for the same. THIS appeareth first by history, written by such as for confirmation of the truth in memory, have truly noted and signified the same. SECONDLY it appeareth by instruments of homage made by the kings of Scotts, and divers notable personages of Scotland, at divers and sundry times sealed with their seals, and remaining in our treasury. THIRDLY it appeareth by registers and records judicially and authenticly made, yet preserved for confirmation of the same. So as the matter of title being most plain, is furnished also with all manner of evidences for declaration thereof. first AS concerning histories, which be called witnesses of times, the light of truth, and the life of memory, and finally the convenient way and mean, whereby things of antiquity may be brought to men's knowledge, they show as plainly this matter as could be wished or required, with such a consent of writers, as could not so agree upon an untruth, containing declaration of such matter as hath most evident probability and appearance. For as it is probable and likely, that for the better administration of justice amongs rude people, two or more of one estate might be rulers in one country unite as this Isle is: so is it probable and likely, that in the beginning it was so ordered for avoiding dissension, that there should be one superior in right, of whom the said estates should depend. According whereunto we read how Brutus, of whom the realm than called britain took first that name (being before that time inhabited with giants, people without order or civility) had three sons, Locrine, Albanact, and Camber, and determining to have the whole Isle within the Ocean sea to be after governed by them three, appointed Albanact to rule that now is called Scotland, Camber the parties of Wales, and Locrine that now is called England: unto whom as being the elder son, the other two brothers should do homage recognizing and knowleaging him as their superior. Now consider if Brutus conquered all this Island, as the history sayeth he did, and then in his own time made this order of superiority as afore: How can there be a title devised of a more plain beginning, a more just beginning, a more convenient beginning for the order of this Island, at that time specially when the people were rude, which can not without continual strife and variance contain two or the rulers in all points equal without any manner of superiority, the inward conscience and remorse of which superiority should in some part dull and diminish the perverse courage of resistance and rebellion. The first division of this Isle we find it written after this sort without cause of suspection why they should write amiss. And according hereunto we find also in history set forth by diverse, how for transgression against this superiority, our predecessors have chastised the kings of Scotts, and some deposed, and put other in their places. WE will here omit to speak of the rudeness of the antiquity in particularity, which they cared not distinctly to commit to writing, but some authors, as Antonius Sabellicus amongs other diligently enserching, what he might truly write of all Europe, Ened 10. Lib. 5. and the Islands adjoining, over and besides that which he writeth of the nature manners and conditions of the Scotts, which who so list to read, shall find to have been the very same in times passed, that we find them now at this present, he calleth Scotland part of England, which is agreeable to the division aforesaid, being in deed as in the land continual without separation of the sea, so also by homage and fealty unite unto the same, as by particular declarations shall most manifestly appear by the testimony of such as have left writing for prove and confirmation thereof. In which matter passing over the death of king Humbre, the acts of Dunwald king of this realm, the division of Belin & Brene, the victories of king Arthure, we shall begin at the year of our lord, DCCCC, which is, DCXLII, years by past, a time of sufficient ancienty, from which we shall make special declaration and evidence of the execution of our right and title of superiority evermore continued and preserved hitherto. ¶ EDWARD the first before the conquest, son to Alured king of England had under his dominion and obedience the king of Scotts. And here is to be noted, that this matter was so notorious and manifest, as Maryon a Scot writing that story in those days, granteth confesseth and testifieth the same, and this dominion continued in that state, XXIII, year: At which time Athelstaine succeeded in the crown of England, and having by battle conquered Scotland, he made one Constantine king of that party, to rule and govern the 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. XXIIII, years after that, which was the year of our lord, DCCCCXLVII, Eldred king our progenitor, Athelstains brother, took homage of Irise then king of Scotts. XXX, years after that, which was the year of our lord, DCCCCLXXVII, king Edgar our predecessor took homage of Kynalde king of Scotts. Here was a little trouble in England by the death of saint Edward king and martyr, destroyed by the deceit of his mother in law: but yet within memory. XL, years after the homage done by Kynald to king Edgare, that is to say, in the year of our lord, MXVII, Malcolme the king of Scots did homage to Knute our predecessor. After this homage done the Scotts uttered some piece of their natural disposition, whereupon by war made by our progenitor saint Edward the confessor, XXXIX, year after that homage done, that is to say, the year of our lord, MLVI, Malcolme king of Scotts was vanquished, and the realm of Scotland given to Malcolme his son by our said progenitor saint Edward: unto whom the said Malcolme made homage and fealty. WITHIN, XI, years after that William Conqueror entered this realm, whereof he accounted no perfect conquest, until he had likewise subdued the Scotts, and therefore in the said year, which was in the year of our lord, MLXVIII, the said Malcolme king of Scotts did homage to the said William Conqueror, as his superior by conquest king of England. XXV, years after that, which was the year of our Lord, MXCIII, the said Malcolme did homage and fealty to William Rufus, son to the said William Conqueror: and yet after that was for his offences and demerits deposed, and his son substitute in his place, who likewise failed in his duty, and therefore was ordained in that estate by the said William Rufus, Edgar brother to the last Malcolme, and son to the first, who did his homage and fealty accordingly. VII, years after that, which was in the year of our lord, MC, the said Edgar king of Scotts, did homage to Henry the first, our progenitor. XXXVII, year after that, David king of Scotts did homage to Matilde the Emperatrice, as daughter and heir to Henry the first. Wherefore being after required by Steven, then obtaining possession of the realm, to make his homage, he refused so to do, because he had before made it to the said Matilde, and thereupon forbore. After which David's death, which ensued shortly after, the son of the said David made homage to the said king Steven. XIIII, years after that, which was in the year of our lord, MCL, William king of Scotts, and David his brother, with all the nobles of Scotland made homage to HENRY the seconds son, with a reservation of their duty to Henry the second his father. XXV, years after that, which was in the year of our lord, MCLXXV, William king of Scotland, after much rebellion and resistance, according to their natural inclination, king HENRY the second, than being in Normandy, William then king of Scotts knowledged finally his error, and made his peace and composition, confirmed with his great seal, and the seals of the Nobility of Scotland, making therewith his homage and fealty. WITHIN, XV, years after that, which was the year of our lord, MCLXXXX, the said William king of Scots, came to our city of Canturbury, and there did homage to our noble progenitor king RICHARD the first. XIIII, years after that, the said William did homage to our progenitor king JOHN, upon a hill besides Lincoln, making his oath upon the cross of Hubert than archbishop of Canturbury, being there present a marvelous multitude assembled for that purpose. XXVI, years after that, which was in the year of our lord, MCCXVI, Alexander king of Scotts married Margaret, the daughter of our progenitoure HENRY the third, at our city of York, in the feast of Christmas: at which time the said Alexander did his homage to our said progenitor: who reigned in this realm, LVI, years. And therefore between the homage made by the said Alexander king of Scots, and the homage done by Alexander, son to the said king of Scotts, to Edward the first at his coronation at Westmester, there was about thirty years, at which time the said Alexander king of Scotts repaired to the said feast of coronation, there did his duty as is afore said. WITHIN, XXVIII, years after that, which was the year of our lord, MCCLXXXII, Iohn Balliol king of Scotts, made homage and fealty to the said king Edward the first, our progenitor. AFTER THIS began Robert Bruise to usurp the crown of Scotland, and to move sedition therefore, against them of the house of Ballioll, which made for a season some interruption in the said homage: but yet no intermission without the terms of memory. For within, XLIIII, year after, which was the year of our lord, MCCCXXVI, Edward Balliol, after a great victory in Scotland against tother faction, and enjoying the crown of Scotland, made homage to our progenitor Edward the third. AND, XX, years after that, which was in the year of our lord, MCCCXLVI, David Bruse, who was ever in the contrary faction, did nevertheless in the title of the crown of Scotland, whereof he was then in possession, make homage to our said progenitor Edward the third. WITHIN, IX, years after, this Edward the third, to chastise the infidelity of the Scotts, made war against them: where after great victories, Edward Balliol having the just and right title to the realm of Scotland, surrendered clearly the same to our said progenitor at the town of Rokysbrough in Scotland: where our said progenitor accepted the same, and than caused himself to be crowned king of Scotland, and for a time entertained it, and enjoyed it, as very proprietary & owner of the realm, as on th'one party by confiscation acquired, and on the other part by free will surrendered unto him. AND then after the death of our said progenitor EDWARD the third, began seditions and insurrections in this our realm, in the time of our progenitor RICHARD the second, which was augmented by the alteration of the state of the said richard, and the devolution of the same, to Henry the IIII, so as the Scotts had some leisure to play their vagues, and follow their accustomed manner. And yet Henry the, V, for recovery of his right in France, commanded the king of Scotts to attend upon him in that journey. And in this time the realm of Scotland being descended to the house of the Stewards, of which our Nephieu directly cometh, james Steward king of Scotts, in the year of our lord, MCCCCXXIII, made homage to Henry the, VI, at Wyndesour. Which homage was distant from the time of the other homage made by David Bruse LX, years and more, but far within the fresh memory of man. ALL which homages and fealties as they appear by story to have been made and done at times and season as afore: so do there remain instruments made thereupon and sealed with the seals of the kings of Scotland testifyenge the same. And yet doth it appear by story, how the Scotts practised to steal out of our treasaury divers of these instruments, which nevertheless were after recovered again. And to the intent ye may know of what form and tenor the said instruments be, here is inserted the effect in word and sentence as they be made, which we do, to meet with the cavellation and contrived evasion of the Scots, alleging the homage to have been made for the earldom of Huntyngton, which is as true as the allegation of him that is burnt in the hand, to say he was cut with a sikell. And therefore the tenor of the homage is this. I john N. king of Scots shall be true and faithful unto you lord Edward by the grace of god king of England, the noble and superior lord of the kingdom of Scotland, and unto you I make my fidelity of the same kingdom of Scotland, the which I hold, and claim to hold of you: and I shall bear to you my faith and fidelity of life and limb and worldly honour against all men, and faithfully I shall knowledge, and shall do to you service due unto you of the kingdom of Scotland aforesaid, as god so help me & these holy evangelies. NOW FOR the third part touching records and regestres, we have them so formal, so authentical, so seriously handled, and with such circumstances declaring the matters, as they be & aught to be a great corroboration of that hath been in stories written and reported in this matter. For amongs other things we have the solemn act, and judicial process of our progenitor EDWARD the first, in discussion of the title of Scotland, when the same was challenged by twelve competitiours: That is to say, Florentius comes Holandie. Patricius de Dunbar comes de Merchia. Willielmus de Vesty. Villielmus de Ros. Robertus de Pinbeny. Nicholaus de Souls. Patricius Galightly. Rogerus de Mundeville. joannes Comyn. D. joannes de hastings. joannes de Balliolo. Robertus de Bruse. Ercius rex Norwegie. AND finally after a great consultation & mature deliberation, with discussion of the allegations proponed on all parties, sentence was given for the title of Ballioll, according whereunto he enjoyed the realm. But for confirmation of the duty of homage before that time observed by the kings of Scotts, it appeareth in those records, how when those competitors of the realm of Scotland repaired to our said progenitor, as to the chief lord for discussion of the same, in as moche as the authority of the judgement to be given depended thereupon: It was than ordered, that the hole parliament of Scotland spiritual temporal and of all degrees assembled for that purpose, and considering upon what ground and foundation the kings of Scotland had in times paste made the said homages and recognition of superyoritie, the said parliament finding the same substantial good and true, should if they so deemed it, yield and give place, and by express consent recognize the same. At which parliament was alleged unto them, as appeareth in the same records, not only these acts of the princes before those days, and before rehearsed: but also besides the testimony of stories, the writings and letters of foreign princes, at that time reciting and rehearsing the same. whereupon the said parliament did there agree to this our superiority, and ensuing their determination did particularly and severally make homage and fealty with proclamation: That who so ever withdrew himself from doing his duty therein, should be taken and reputed for a rebel. And so all made homage & fealty to our progenitor Edward the first. The realm was in the time of the discussion of the title ruled by guardians deputed by him: all castles & holds were surrendered to him as to the superior lord in the time of vacation, benefices, offices, fees, promotions passed in that time from the mere gift of our said progenitor, as in the right of this crown of England, Sheriffs named and appointed, write & precepts made obeyed and executed: And finally all that we do now in the Duchy of Lancaster, the same did our progenitor for the time of contention for that title in the realm of Scotland, by the consent and agreement of all estates of the realm assembled and consulted with for that purpose. At which time the bishops of saint Andrew's and Glascoo were not as they now be archbishops, but recognized the province of our archbishop of York, which extended over all that country. NOW if the Scotts will take exception to the homages of their princes, as made in war & by force which is not true: what will they say or can they for shame allege against their own parliament, not of some, but of all confirmed & testified by their writing and seals? whereunto 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 speak like themselves: If they say they did it, then do they now like themselves, to withdraw their duty, not so much to be blamed, as to be amended. THUS APPEARETH unto you the beginning of the right of superiority, with a perpetual continuance, without intermission within memory, certain omission and forbearing upon the grounds and occasions before specified we deny not. Whereby they have many times sought and taken their opportunities, to withdraw the doing of their duty in knowledge of our superiority over them, which to avoid, they have not cared what they said or alleged, though it were never so untrue: lying always in await when they might annoy this realm, not without their own great danger peril and extreme detriment. But as they detrected the doing of their duty, so god ever granted unto this realm force to compel them thereunto within memory, not withstanding any their interruption by resistance, which unto the time of our progenitor Henry the, VI, never endured so long as it made intermission within time of mind, whereby the possession might seem to be enpaired, from the time of Henry the, VI, unto the seventh year of our reign, how our realm hath been for a season lacerate and torn by diversity of titles, till our time and sins by war outwardly vexed and troubled, The story is so lamentable for some part thereof, as were tedious to rehearse. SITHENCE THE death of our progenitor Henry the, VI, our grandfather Edward the, IIII, reigned, who after great travails to attain quietness in his realm, finally in the time of preparation of war against Scotland, died. RICHARD the, III, than usurped for a small time in years, whom the king our father by the strength of God's hand overthrew in battle, and most justly attained the possession of this realm, who nevertheless after the great tempestuous storms finding all matters not yet brought to a perfect quiet and rest, ceased and forbore to require of the Scotts to do their duty, thinking it policy rather for that time to assay to tame their nature by the pleasant conjunction and conversation of affinity, then to charge them with their fault, and require duty of them, when opportunity served not, by force and fear to constrain and compel them. AND thus passed over the reign of our father, without demand of this homage. And being our reign now, XXXIIII, years, we were, XXI, year letted by our Nephieu his minority, being then more careful how to bring him out of danger, to the place of a king, then to receive of him homage when he had full possession in the same. Wherefore being now passed sithence the last homage made by the kings of Scotts to our progenitor Henry the, VI, CXXII, year, at which time the homage was done at Wyndesor by james Stuard, than king of Scotts, as afore. LVI of these years the crown of this realm was in contention, the trouble whereof engendered also some business in the time of the king our father, which was, XXIIII, year: And in our time XXI, year hath passed in the minority of our Nephieu So as finally the scots resorting to their only defence of discontinuance of possession, can only allege justly but, XIII, year of silence in the time of our reign, being all the other times sithence the homage done by james Steward, such as the silence in them had they been never so long, could not have ingendrid prejudice to the loss of any right, that may yet be declared and proved due. For what can be imputed to king Edward for not demanding homage, being in strife for that estate, whereunto the homage was due? What should richard the, III. search for homage in Scotland, that had neither right ne leisure to have homage done unto him in England? Who can blame our father, knowing the scots nature, never to do their duty but for fear, if he demanded not that of them, which they would eschew if they might, being his realm not clearly than purged from ill seed of sedition, sparkled and scattered in the cruel civil wars before. LAW AND reason serveth, that the passing over of time not commodious for the purpose, is not allegable in prescription for the loss of any right. And the minority of the king of Scotts hath endured XXI, years of our reign, which being an impediment on their part, the hole prescription of the Scotts, if the matter were prescriptible, is thus deduced evidently to, XIII, year, which, XIII, year without excuse we have ceased and forborn to demand our duty, like as the Scotts have likewise cessed to offer and tend the same. For which cause nevertheless we do not enter this war, ne minded to demand any such matter: Now being rather desirous to rejoice and take comfort in the friendship of our Nephieu, as our neighbour, than to move matter unto him of displeasure, whereby to alienate such natural inclination of love, as he should have toward us. But such be the works of god, superior over all, to suffer occasions to be ministered, whereby due superiority may be known demanded and required, to the intent that according thereunto all things governed in due order here, we may to his pleasure pass over this life, to his honour and glory, which he grant us to do in such rest peace and tranquillity, as shallbe meet and convenient for us. ❧ ❧ ❧ ❧ ❧ LONDINI in officina Thomae Bertheleti typis impress. Cum privilegio ad imprimendum solum. ANNO. M.D.XLII.