An. Reg. 20. in Britaine, there rose certeine discord betwixt the Norman mariners, and them of Baion, 1292. and so farre the quarel increased, that they fell to trie it by force, the Englishmen assisting Nic. Triuet. them of Baion, and the French kings subiects taking part with the Normans, and now they fraught not their ships so much with merchandize as with armour & weapon. At length the matter burst out from sparkes into open flame, the sequele whereof hereafter shall appeare, as we find it reported by writers.
But now touching the Scotish affaires. At length the king comming into Scotland, gaue summons to all those that claimed the crowne, to appeare before him at the feast of the natiuitie of S. Iohn Baptist next insuing, that they might declare more at large by what right they claimed the kingdome. Hervpon, when the daie of their appearance was come, and that king Edward was readie to heare the matter, he chose out the number of 40 persons, the one halfe Englishmen, and the other Scotishmen, which should discusse with aduised deliberation and great diligence the allegations of the competitors, deferring the finall sentence vnto the feast of S. Michaell next insuing, the which feast being come, after due examination, full triall, and assured knowledge had of the right, the kingdome Iohn Balioll obteineth the kingdome of Scotland. by all their assents was adiudged vnto Iohn Balioll, who descended of the eldest daughter of Dauid king of Scotland. Robert le Bruce, betwixt whom and the same Balioll at length (the other being excluded) the question and triall onlie rested, was descended of the second daughter of king Dauid, though otherwise by one degrée he was néerer to him Nic. Triuet. in bloud. Thus writeth Nicholas Triuet.
Polydor.
But others affirme, that after long disputation in the matter, by order of king Edward, there were appointed 80 ancient and graue personages, amongst the which were 30 Englishmen, vnto whom (being sworne and admonished to haue God before their eies) authoritie was giuen to name him that should be king. These 80 persons, after they had well considered vnto whome the right apperteined, declared with one voice, that Iohn Balioll was rightful king. King Edward allowed their sentence, and by his authoritie confirmed vnto the same Iohn, the possession of the kingdome of Scotland, with condition that if he did not gouerne that realme with iustice, then vpon complaint, the king of England might put vnto his hand of reformation, as he was bound to doo by his right of superioritie, that in him was inuested. Herevpon king Edward awarded foorth his writ of deliuerie of seizine at the suit of the said I. Balioll, to William and Robert, bishops of S. Andrewes and Glasco, to Iohn lord Comin, Iames lord Steward of Scotland, and to the lord Brian Fitz Alane, wardens of Scotland, commanding them to deliuer vnto the said Iohn Balioll the seizine and possession of that realme, sauing the releefes and debts due to him of the issues and profits of the same realme, vnto the day of the date of the writ, which was the ninetéenth day of Nouember, in the twentie yere of his reigne. Also there was another writ made, and directed to such as had the kéeping of the castels in their hands, in forme as followeth.
In the same forme of words were writs awarded forth, to all and euerie other the kéepers of castels and manors belonging to the crowne of Scotland, and being at that time in K. Edwards hands, the names of places and the persons that had them in custodie The seale broken. onelie changed. On the same day also in the castell of Berwike was the seale broken, which had béene appointed to the gouernors, during the time that the realme was vacant of a king. It was broken into foure parts, and put into a pursse to be reserued in the treasurie of the king of England, in further and more full token of his superioritie and direct supreme dominion ouer the realme of Scotland. These things were doone in presence of the said Iohn Balioll then king of Scotland, Iohn archbishop of Dubline, Iohn bishop of Winchester, Anthonie bishop of Duresme, William bishop of Elie, Iohn bishop of Carleil, William bishop of S. Andrewes, Robert bishop of Glasco, Marke bishop of Man, and Henrie bishop of Aberdene, with diuerse other bishops, besides abbats and priors of both the realmes; Henrie earle of Lincolne, Humfrie earle of Hereford, Roger earle of Norffolke, Iohn earle of Buchquane, Douenald earle of Mar, Gilbert earle of Angus, Patrike earle of March, and Malisius earle of Stratherne; with the foure and twentie auditors of England, and the foure score auditors of Scotland: chapleins also, Henrie de Newmarke deane of Yorke, Iohn Lacie chancellour of Chichester, William de Greenefield canon of Yorke, and Iohn Ercurie notarie, and manie other. Iohn Balioll being thus created K. of Scotland, on the twentith day of Nouember, in the castell of Norham, did fealtie to king Edward for the kingdome of Scotland, in maner as followeth.
Hereof also he made letters patents, witnessing that he had thus doone fealtie vnto king Edward, which letters he sealed and deliuered in presence of William bishop of saint Andrews, Robert bishop of Glasco, Iohn earle of Bouchquane, William earle of Ros, Patrike earle of March, Walter earle of Menteth, Iames lord steward of Scotland, Alexander de Ergay, Alexander de Balioll lord of Caures, Patrike de Graham, and William de Saintclere. This doone, king Edward appointed Anthonie bishop of Duresme, and the lord Iohn saint Iohn to passe with Balioll into Scotland, and there to put him into the
The copie of the writ for the deliuerie of the castels.
EDWARDVS Dei gratia rex Angliæ, dominus Hiberniæ, dux Aquitaniæ, & superior dominus regni Scotiæ, dilecto & fideli suo Petro Burdet, constabulario castri de Berwike salutem. Cùm Iohannes de Baliolo nuper in parlamento nostro apud Berwicum super Tuedam, venisset coram nobis, & petiuisset prædictum regnum Scotiæ sibi per nos adiudicari, & seisinam ipsius regni vt propinquiori hæredi Margaretæ filiæ regis Norwegiæ dominæ Scotiæ iure successionis liberari, ae nos auditis & intellectis petitionibus & rationibus diligentur examinatis, inuenerimus præfatum Iohannem de Baliolo esse propinquiorem hæredem prædictæ Margaretæ, quo ad prædictum regnum Scotiæ obtinendum: propter quod idem regnum. Scotiæ, & seisinam eiusdem, saluo iure nostro, & heredum nostrorum, cùm voluerimus inde loqui, prædicto Iohanni reddidimus: tibi mandamus quòd seisinam prædicti castri de Beruico cum omnibus pertinentijs suis, vnà cum alijs omnibus rebus tibi per chirographum traditis, secundum quod in prædicti castri tibi commissa custodia res huiusmodi recepisti, sine dilatione præfato Iohanni de Baliolo, vel attornatis suis has litteras deferentibus, deliberari facias. Teste meipso apud Beruicum super Tuedam 19 die Nouembris, Anno regni nostri 20.In English thus.
EDWARD by the grace of God, king of England, lord of Ireland, duke of Aquitaine, and superiour lord of the realme of Scotland, to his welbeloued and faithfull seruant Peter Burdet conestable of the castell of Berwike, sendeth greeting. Where Iohn de Balioll late in parlement holden at Berwike vpon Tweed, came before vs, and demanded the said realme of Scotland to be adiudged to him by vs, and seizine of the same realme to be to him deliuered as next heire to Margaret daughter to the king of Norwaie, ladie of Scotland by right of succession. We hauing heard and vnderstood the same petitions; and reasons being diligentlie weighed and examined, we find the said Iohn Balioll to be next heire vnto the said Margaret, as to obteine the said kingdome of Scotland, whervpon we haue deliuered to him the said kingdome of Scotland, and the seizine thereof, sauing the right of vs and our heires, when it shall please vs to speake thereof. We therefore command you, that you deliuer vp vnto the said Iohn Balioll, or to his attornies, that shall bring with them these our present letters, the seizine of the said castell of Berwike, with all the appurtenances, togither with all other things to you by indenture deliuered accordinglie as you did receiue the same, with the custodie of the said castle to you committed: and this without delaie. Witnesse our selfe at Berwike vpon Tweed the nineteenth day of Nouember, in the twentith yeare of our reigne.In the same forme of words were writs awarded forth, to all and euerie other the kéepers of castels and manors belonging to the crowne of Scotland, and being at that time in K. Edwards hands, the names of places and the persons that had them in custodie The seale broken. onelie changed. On the same day also in the castell of Berwike was the seale broken, which had béene appointed to the gouernors, during the time that the realme was vacant of a king. It was broken into foure parts, and put into a pursse to be reserued in the treasurie of the king of England, in further and more full token of his superioritie and direct supreme dominion ouer the realme of Scotland. These things were doone in presence of the said Iohn Balioll then king of Scotland, Iohn archbishop of Dubline, Iohn bishop of Winchester, Anthonie bishop of Duresme, William bishop of Elie, Iohn bishop of Carleil, William bishop of S. Andrewes, Robert bishop of Glasco, Marke bishop of Man, and Henrie bishop of Aberdene, with diuerse other bishops, besides abbats and priors of both the realmes; Henrie earle of Lincolne, Humfrie earle of Hereford, Roger earle of Norffolke, Iohn earle of Buchquane, Douenald earle of Mar, Gilbert earle of Angus, Patrike earle of March, and Malisius earle of Stratherne; with the foure and twentie auditors of England, and the foure score auditors of Scotland: chapleins also, Henrie de Newmarke deane of Yorke, Iohn Lacie chancellour of Chichester, William de Greenefield canon of Yorke, and Iohn Ercurie notarie, and manie other. Iohn Balioll being thus created K. of Scotland, on the twentith day of Nouember, in the castell of Norham, did fealtie to king Edward for the kingdome of Scotland, in maner as followeth.
The forme of the fealtie of Iohn Balioll king of Scots to the king of England in protestation.
THIS heare you my lord Edward king of England, souereigne lord of the realme of Scotland, that I Iohn de Balioll king of Scotland, which I hold and claime to hold of you, that I shall be faithfull and loiall, and owe faith and loialtie to you, I shall beare of life and member, and of earthlie honour, against all people, and lawfullie I shall acknowledge and doo the seruices which I owe to doo to you, for the realme of Scotland aforesaid. So God me helpe and his holie euangelists.Hereof also he made letters patents, witnessing that he had thus doone fealtie vnto king Edward, which letters he sealed and deliuered in presence of William bishop of saint Andrews, Robert bishop of Glasco, Iohn earle of Bouchquane, William earle of Ros, Patrike earle of March, Walter earle of Menteth, Iames lord steward of Scotland, Alexander de Ergay, Alexander de Balioll lord of Caures, Patrike de Graham, and William de Saintclere. This doone, king Edward appointed Anthonie bishop of Duresme, and the lord Iohn saint Iohn to passe with Balioll into Scotland, and there to put him into the
