M. (Paul) Rapin de Thoyras.

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Treaty. On the contrary, each Monaich obliged him- M. Weft,
felf by Oath not to affiit the other's Enemies. Thus the
Scots and the Earl of Flanders were equally abandoned.
This is one of the many remarkable Instances, how little
petty Princes can rely upon their Alliances with more
powerful Sovereigns. Though the firft Article always
runs, that neither Peace nor Truce Shall be made with-
out the Confent of all Parties, it is ufually this that is
firft violated. Indeed, Philip perfuaded the Scots, that he
would procure them a feparate Peace, at a future Interview
with Edward; but nothing was farther from his thoughts.
For he had left the Scots to the Mercy of the King of Aa - *<>*>•
England, only to prevail with him to abandon the Flcm- M ' w ^ 9 "
ings, who having taken up Arms againft him, had now
gained great Advantages. Baliol, from whom this Treaty
had taken all hopes of being ever reftored, lived upon his
Eftate in Normandy, and fpent the refidue of his days as a
private Perfon (13 ).

The unexpected Contefts between Pope Boniface and 7lc P " K '
Philip the Fair, had long delayed the Conclufion of this „,;<&„, lu
Peace. The Pope, who had projected to turn the Arms Pop.
of the Christians againit the Infidels, pretended arbitrarily
to command all the Princes of Europe, to end their Dif-
ferences according to his caprice, and prepare to fend or
lead in Perfon their Forces to the Holy-Land. The Walfing.
Haughtinefs wherewith he would have treated the King K^ 01 *

(1) It was granted by Kiig Ed-ward, Oilcbcr 30. Rymer's Fad. Tom. II. p. S69.

(2) January 11. M. Weft, p. 433. In this Parliament the Earls and Barons complained of Grievances, and petitioned the Confirmation of the tv.o Char-
ters, which Rcqueft of theirs the King complied with. M. Weft, p. 4.33. The Laity granted the King a Fifteenth. Ibid.

(3) it bears date February 12. at Lincoln. See Rymer's Feed. Tom. II. p. 875.

(4) This Remonflrance is fubfenbed by a hundred Earls and Barons, who declare befides, that they had Authority to reprefent the whole Community of
the Kingdom. Dr. Howel has given the Names of them, and calls it a Lift of thfe worthy Patriots who withftccd Pap at Ujurpatien. The Lift and Names
of them are in Rymer's Fad. Tom. II. p. 873, 874.

(5) Dated at Kemejeye, May 17. Ibid- p. S&8.

(6) A ficond Parliament was held this Year at London, in Lent, wherein King Edward renewed the Confirmation of the Charters, and made fome Sta-
tutes abnut Fines and Goal-delivery. Walfing. p. 78. Sec Cote's 2d Inftitute, p. 521.

(7 ) John de Segrave ; about the beginning of November, conftituting him Governor of Berwick, and Guardian of the Kingdom of Scotland, Waif, p. 86.
(S) AtRcJiin. Buchanan. ( ? ) Thefe three Battles were fought on February 24. 1 302. Buchanan.

(10) The Scotch Hiftorians afcribe all the Glory to Comyn and Frazer, without mentioning Wallace : See Buchanan. Whereas the EngliJJ} attribute all to
the brave Wallace. M. Weft. Walfing.

(11) In Mid-lent, this Year, a Parliament or Great Council was held at Stanford. Walfing. Knighton, c. 2523. M. Weft, mentions two Parliaments
this Year, one *he firft of J«'y, the fecond October 13. p. 445.

(12) The Commiflioners, or Plenipotentiaries, appointed by King Edward to conclude this Peace, were Amadeus EatI of Sai'oy, Henry de Lacy Earl of
L:n.-_.'n t and Otto de Grandifcn, as appears by the King's Commiffion to them, d3ted at OdiJoam, January 10. Sec Rymer's Feed. Tom. II. p. 925.

(13) He was delhered by Robert de Brcupjib, Ccnftablc of Dover Caftle, to Reginald Bilhop of Vtccnzoa, the Popj's Nuncio, at Witfani, in 1299- a; appears
i-y the King's Warrant to him, dated at Canterbury, July 14. in Rymrr's Ford. T. Ii. p. 840. Walfing. p. 76, 77. M, Weft. p. 433. King Edward, in
•306, granted his Lands and Eftate in England, to John de Brstagne, his Nephew. Rymtr's Fcetk T. II- p. 1029.


Book IX.




fourth Ex-
pedition into

file bijitnd.

he takei it.

of France, occafioned fuch Difputes between them, as
grew at length to an open Rupture. P'or this Caufe,
Philip, looking upon the Pope as his Enemy, rejected his
Arbitration, and concluded a Peace with Edward, with-
out the Intervention of him whom they had chofen for
Umpire (1).

Edward having nothing more to fear from France,
carried his Arms a fourth time into Scotland{z), with fo
numerous an Army, that he met with no Refiftancc.
He penetrated even to the utmoft Bounds of the Illand,
ravaging the Country on all hands; the Scots being un-
able to oppofe fo formidable a Power. Wallace alone
kept clofc to him with fome Troops, in order to harrafs
him, and revenge the Scots upon the Englijh Soldiers, that
ventured to ftir from the Body of the Army. How
great foever Edward's Advantages were, he was not fo
fevere to thofe who voluntarily fubmitted, as he was in
his former Expedition. He had found, that by driving
KrvgMon. thcrn J c f pa j r he had himfelf induced them to revolt.

fit! VFQ'ltl r *

June Fa-vmn For this reafon he treated favorably fuch as furrendred, and
wifaScits. permitted them to redeem their Lands, which lie had be-
Act. u . j- Qre re f u | C( j t h ern _ This Gentlenefs produced fo good an
Walling. Effect, that all the great Men of the Kingdom, feeing no
M. Weft, other Remedy, were willing to embrace it (3). Before he
Stc/lmB (V quitted the Kingdom, Edward ordered Sterling Caftle to
be alTaulted, which held out the whole Winter. The vi-
gorous Defence of the befreged, obliged the King to be
there in perfon as foon as the Weather permitted ; and yet
it was July (4) before he brought them to capitulate (;).
Buchanan fays, that, contrary to the Articles of the Ca-
pitulation, he committed to prifon the Governor and Of-
ficers of the Garrifon.

The taking of Sterling finifhed Edward's fourth Expe-
dition and thud Conqueft(6). But though Scotland may
juftly be faid to be conquered on this occafion, there were
ftill in the Country, out of the reach of the Englijh Arms,
certain impenetrable Places, which afforded a Retreat and
Sanctuary to thofe who could' not live in Slavery, and who
greatly promoted the Reftoration of the whole Kingdom
to its ancient Liberty. This is what Edward himfelf in
the midft of hisSuccefles could not forbear dreading. The
Tragical End Rigour wherewith he treated the brave IVallace, who was
^Wallace, bafely betrayed into his hands (7), is a clear Evidence, he
M. Weft, did not think the Scots fubdued, though he was Mafter of
Scotland. To deter them by the Punifhment of this great
Man, whom he looked upon as the fole Author of their
Revolt, he caufed him to be tried, condemned, and exe-
cuted as guilty of High-Treafon (8), and ordered his four
Quarters to be hung up in four of the principal Towns in
the Kinguom(y). This Sentence was pronounced by En-
glijh Judges, tho' IVallace was a Scotchman, and one that
never owned the Jurifdiclion of Edward. To excufe, in
fome meafure, fo extraordinary a Severity, there are Hi-
ftorians who endeavour to defame Wallace, and charge him
with having committed exceffive Cruelties. But neither
thefe Accufations, nor the manner of his Death, have been
able to hinder Pofterity from doing him the Juftice he de-
ferved ; and unprejudiced People from ftill deeming him a
Hero worthy of a better Fate ( 1 o).


Edward having nothing more to do in Scotland, return- 130;.
cd into England, where he immediately applied himfelf to W«tTj
caufe his Authority to be rcfpc&cd, for which fomeannono- ..'""'£
the Barons fhewed but little Regard. Segrave ( •Was s- f nve.
firft attacked on this account, to ferve for Example to the M - Wc(l -
reft. This Lord being accufed of fome Mifdemeanour,
in defence of his Innocency challenged his Accufcr to a
Duel,, according to the Cuftom of thofe Days (1 2). But
the King not thinking fit to confent to it, Segrave palled
the Sea, rn order to fight out of the Kingdom. Though
his Difobedience was in fome meafure foftcned by his
Regard for the King, in forbearing to fight in his Ter-
ritories, Edward confidered it as being of too great Con-
ference to be left unpunifhed. As foon as Segrave came
back, he was taken into Cuftody, and brought to his
Trial. The Judges were at a lofs to pafs Sentence upon
this Affair, concerning which there was apparently no
Law to direct them. However, after three days Confuta-
tion, they declared him worthy of Death, adding in their
Sentence, that it fhould be in the King's Power to pardon
him. Edward was extremely offended at the Boldnefs of
the Judges, who fcemed to fct Bounds to his Prerogative,
as if he could not exercife his Clemency without their Per-
milTion, and gave them a fevere Reprimand. Ncverthe-
lefs he pardoned Segrave, upon the Interceffion of certain
Lords, who offered to become Sureties for his good Be-
haviour (r 3).

But this was not the only Inftance of Severity given by Caimiffim /
Edward after his Return. He was informed that Juftice ^ ,!
was adminiftered, throughout the whole Kingdom, with 11. p. 960.
great Negligence and Partiality ; that the Magiftrates fuf- M - Wc ••
fered themfelvcs to be bribed with Prefents, and the rich Wllfin *"
were fcreened from the Rigour of the Laws, whilft the
Poor were expofed to the Oppreilion and Tyranny of
the Great. So great a Diforder calling for a fpeedy and
effectual Redrefs, he gave an extraordinary Commiflion to
Judges nominated by himfelf, to go into all the Counties
and ftrictly enquire concerning all Malefactors of what Rank
foever they might be, and impowered them to execute
their Sentence upon the fpot. This Commiflion was cal-
led Trail- Baton (14), a Word whofe Derivation is un-
known, concenring which there are feveral Conjectures too
long to be inferted. It fuffices to fay, in order to give a
Notion of this extraordinary Court, it was much the fame
with what is filled in France, Grands Jours. This Seve-
rity was a Check to thofe that thought to fcreen themfelves
from Juftice by their Credit and Riches, and ferved at the
fame time to fill the King's Coffers with the Mulcts and
Fines of the Guilty (15).

To thefe two Inftances of Severity he added a third, P"'"'"/
very proper to fhew his Intention that the Laws fhould ^)'' s f^*,',-.
be obferved, without regard to Birth or Dignity. Prince fLJ. '
Edward his Son being perfuaded by Piers Gavejlon, one Fabllns
of his Favourites, to commit fome Outrage againft the ch, °"'
Biihop of Chejicr (16), he ordered him to be publicky
imprifoned, not fuffering his Rank to exempt him from
J uftice.

This Proceeding would doubtlefs have been more agree-
able to the Englijh, if what he did fhortly after, had lhewn

(1) This Year the faid Pope died, on October 12, after he had been accufed by the King of France of Horefy, Simony, and Murder, imprifoned and

plundered of all his Gocds. Waljing. p. 87 This Year alfo the King's Exchequer at Wtjimmjler was broke open, and robbed of about one hundred

thoufand Pounds ; for which feveral of the Monks of ' WeJIminfter Abbey were imprifoned. Sec Rym:r\ Feed. T. II. p- 930, 038.

(2) About Whitfuntide. Walfing. p. 87. M. Wejl. p. 447.

(3) The Terms were, That their Lives, Limbs, and Members mould be faved: And they were to be free from lmprifonment, and not to be difinheritcd •
nor pay any thing except f<5r their Ranfom and Fine, and the Amends for their Faults only committed againft the King, flfc. See the Terms at length in
Rylcy'% PLictta Parliam. p. 369, and Brady, p. 78, &c.

(4) The twentieth. Walfing. p. 89.

(5) The Governor was William Olifard, who was brought Prifoner to London. Walfing. p. S9.

(6) After which he returned to England, leaving Scotland under the care of John dt Segrave ; and when he came to Tort, removed the Courts of Kirg't
Bench and Exchequer, which had been there feven Years, to their old place in Lonekn. Waljing. p. 89.

(7) About Auguft 15, by Sir John Menteitb, his pretended Friend, who was bribed by the Englijh. Buchanan. M. Wejl. p. 451.

(8) He was dragged at a Horfe's Tail, AuguJI 23, and his Head let up on London Bridge. M.WeJI. p. 431.

(9) Ot Scotland. Hid. Walfing. p. 90.

( ro) A Parliament was held this Year in November. See Ryley's Placita. And the King, upon his return from Scotland, impofed a Tallage of the iixth
Penny upon his demclhe Cities and Burroughs, Cbron. Abind. This Year alfo died John de Warren, Earl of Surrey. M. Wejl. Waljing. p. 90.

(11) Sir Nicolas de Segrave. M. Wejl. p. 450.

(12) He was charged with Trealon by Sir j:hn de Ctvmbwell. M. Weft. Anno 1305.

(13) Thirty of his Peers, girt with Swords, offering to be bound, Body and Goods, that he fliould be forth coming, whenfoever the King fhould require
he was fet at Liberty, and reftored to his Poll'effions, i.iys Matthew of WJlminfier, wh« calls him, Unut de prerjianttoribui Mi/itibus de Regno. M. Welt, in

Anno 1305. This Year a Parliament was called in July; and afterwards prorogued to the 1 5th of Auguji, and farther to the 15th of September. Ryley's

Plactt. Parliament, p. 503.

(14) This old French Word fignifies to draw a Staff. As for the Reafon why this CommilTion was fo called, it fecms to be altogether unknown. Mr.
Tyrrell gives this Account of it from the Eve/ham Chronicle. That Chronicle derives it from a certain Inftrunient anciently belonging to Shoemakers ; where-
with they ufed to beat their Apprentices, called a Tray/e-bajlon. The King in his return out of Scotland was told this Story, concerning thole who then made
it a Trade to take Money to beat other Men. A certain wicked Perfon, having hired fome of thofe Ruffians to beat another Man, whom he dtirft not
meddle with himfelf, they cudgeled him very feverely : But he happening to know one of them, found out who it was that had hired them ; whereupon de-
firing them to fpare him, he promifed them, if they would give as many Blows to him that fet them on Work, he would reward them dnubly ; which they
agreed to : Accordingly, in their return, they met with the Man that firft employed them, who adcing them, whether they had done as he had ordered them?
They anfwered, Yes, and that they were to receive as much more for the like Bulinefs ; fo one of them being a Shoemaker, crying out Trayie-bajlon, thev all
fell upon him, and cudgeled him twice as much as they did the other. At which Story the King at firft fmiling, was refolved to leoure his People for the fu •
ture from fuch Malefactors J and therefore iffued out the forefaid Commiflion. Tyrrell, p. 160. The Commiflion itlelf is in Rymer's Feed. T- II. p. 960.
and dated at Wejiminjler the 6th Day of April.

(15) Thefe Juftices were in a manner the fame with the Juftices in Eyre. Their Office was to make Inquifition through the Realm, by the Verdict of
fubftantial Juries, upon Mayors, Sheriffs, Bayliffs, Elcheators and others, concerning Extortion, Bnfcery, and fuch Grievances, as lntruliens into other Men's
Lands, Barretors, and Breakers of the Peace, £JV. For the Etymology of the Word Trail-baton, fee Spelman's GlcJfary.

(16) There was no Biihop of Chcjler till 1540. when that See was ereftcd by King Henry VJII. The Perfon here meant, was Walter de Langtcn, Bifhrp
of Lichfield and Coventry. ( M. Weji. p. 434.) For Petrui, one of the Blfhops of this See, removing it to Chcjler in 1075, it hence came to pais, that his Suc-

ctlTors were many times called Bilhops of CheJIer The Outrage committed by. the Prince againft the Biihop, was, th3t he, together with Gave/Ion, and

other ill Companions, had broke down the Fences of the Bifhop's Park, and killed his Deer. Fabian.





Vol. 1.

I305. the fame Moderation and the fame Regard for the
Clement v, People. Clement V, Native of Baurdeaux, fucceedirig Bo-
«ifil™'k nifaceVlll* Edward thought he fhould improve his In-
h'.Oatbu teteft with the new Pope, to obtain a Difpenfation from
tbtCtantrs. t h e Oath he had taken, with regard to the two Charters
Aft. Pub. f Liberties. The Pope made no Scruple to grant him
M. Weft. ' that Favour. He fuppofed, as it appears in his Bull, that
r- 454. the King was forced to take that Oath ; and that Suppo-
Walfing. ^ ltionj f - a ]f e as ; t was , feemed to him a fufficient Reafon to
M. Weft, abfolve him from the fame. It is pretended Edward pur-
c haled this Difpenfation by a Prefent of Gold Plate to
the Pope. The Alarm caufed by this Step in the King-
dom was not groundlefs, fince it foon began to be pei-
ceived, that the King affirmed a greater Authority, than
was allowed by the Laws and Cultoms of the Realm.
He even affefted todifcover his Intention, on an Occafion
<, ird acii where it could not be miftaken. Clement V, granted him
' '■■' «"'&• a Tenth upon the Clergy for three Years, referving one
half to himfelf for the^Occafions of the Holy See(i).
The Parliament not being able to bear this fhameful
Trade, which tended to impoverifh the Clergy without any
neceility, and to drain the Kingdom of Money, ftrenu-
ouily oppofed it, and forbid the Collectors to levy the Tenth.
Edward, regardlefs of the Parliament, removed the Pro-
hibition by his own Authority, and permitted the Col-
leftors to go on. This arbitrary Aft coming immediately
after the abovementioned Difpenfation, made the Englijh
apprehenfive, the King had formed a Defign upon their
Liberties, and their Apprehenfions appeared but too
well-grounded. But if Edward had any fuch Intent, the
Troubles which fuddenly broke out a-frefh in Scotland,
prevented the Execution, and rendered the Pope's Favour
;io6. The Scots, though fo often vanquished, and as often
usjfam of conftrained to fwear Fealty to Edward, could not inure
Scotland, themfelves to his Yoke. Robert Bruce, Earl of Carrie,
V'L\',,„ was one of thofe that thought they had molt Reafon to
complain. Not only his father Robert was excluded
from the Crown, but moreover, Edward had now
broke his Word with him. He promifed to place him
on the Throne, in the room of BalioL; but made not the
leaft Step towards the performance of his Promife. Ne-
verthelefs, Robert all along ferved him faithfully, both
before and after his Father's death, flattering himfelf per-
Biuce and haps, that he would one day accomplifh his Promife. But
c m y n his difcourfe with IVallace, on the day of the Battle of
;' ; Falkirk, and the King's whole Behaviour, convincing
Country, him that Edward had only his own ends in view, he en-
M. Weft, tertained the generous Defign of exerting his Endea-
vours, to free his Country from the Servitude to which it
was 1 educed. At the fame time, he thought of procuring
the Crown of Scotland for himfelf, to which he pretended
to have a lawful Title, notwithltanding the Sentence
given againit the Earl his Father. "John Comyn, firnamed
the Red, another Scotch Lord of great Diftinction in Scot-
land, but however of lefs Credit than Bruce, was, or
feemed to be, in the fame fentiments, and to have the
Interelt of his Country at Heart. This Conformity caufed
tbefe two Lords to communicate their Thoughts to each
other, after long founding one another, without daring
to fpeak their mind 1 ;. At length, both growing bolder,
they had feveral Conferences together, wherein they
agreed upon means to accomplifh their Projects. Thcfe
Conferences ended in an Agreement, containing thefe two
Articles. I. That they fhould aft in common to promote
Robert Bruce to the Crown of Scotland. II. That in
confideration of Comyn's Services, Bruce mould make over
to him all his private Patrimony, and appoint him his
Lieutenant-Genera!. Thefe meafures being taken, Ro-
bert came to Edward's Court, where it was neceflary to
gain certain Scotch Lords, who were in the Interefts of
that Prince.

Meantime, whether Comyn repented of wha't he had 1509.
done, or, as Ibme affirm, had contrived this 1'iot on pur- c.,., ; .. >.
pofe to enfnare Robert, he difcovered the whole Projeifl Z' "''''
to the King. It is faid, he even ferit him the original h«
A:r,!eemcnt under both their Hands and Seals. The w *- .
K1112; immediately defigned to apprehend Robert^ but
fearing thereby to mifs of his Accomplices was contented
with narrowly watching him. He hoped to make fome
frefh Difcoveries by means of Comyn, to whom Robert
communicated by Letters whatever he did at Court.
The King's Delign could not be fo fecict, but it was Hucharua,
perceived by the Earl of Corner (2), an old Friend of
the Family of Bruce then at London. This Earl know-
ing Robert was narrowly watched, and not daring by
word of Mouth to difcover fo important a Secret, fent
him a Pair of Spurs, with fome pieces of Gold, as if he
had borrowed them of him. Robert, who was endowed Bra< * '/ r "/«
with great Penetration, prefently found there was fome „„,/ killt
myftery in this pretended Reftitution of his Friend, and Comyn.
concluded, he meant by it to advife him to make his
Efcape. In this belief, he immediately came to a Refo-
lution, and executed it with fuch addrefs and diligence,
that it was impoffible to prevent him, and much more
to overtake him. As he had communicated his Thoughts
only to Comyn, he did not doubt but lie was betrayed by
that treacherous Friend. Accordingly, as foon as he came
into Scotland, he repaired to Dumfries, where Comyn then
was, and meeting him in the Church of the Cordeliers,
little expecting his coming, {tabbed him with his own
Hand (3). This bold Stroke, added to the Plot he had
lard, expofing him to the King's Refentment, he faw
himfelf under a neceflity of openly declaring himfelf, well
knowing there was no Safety for him but in the Suc-
cefs of his Defigns. Whereupon, fuch Numbers flocked He iscrmm.
to him, that he was quickly in condition to 50 well at- e ~ K "'- '-'

.. « . ^ , J r , . ° i,\ Scotland.

tended to iscone, where he was lolemiijy crowned (4).
After which, all the People in gencial fided with

It was with extreme Vexation that Edward perceived Edward
he was miftaken, in imagining he had nothing more to-',"" 10 "

* go o sit'*"-.' ."•;;.

do in Scotland. He would not however give over his Scotland.
firit delign. But to fecure for the future the poffeflion A ' 1 - Pub -
of that Kingdom, he refolved to reduce it to fuch a M ' wefif"
ftate; that there fhould be no more danger of a Revolt. Walfing.
Purfuant to this Refolution, he fent Audemar of Valence, K-<i'g b -i<> n "
Earl of Pembroke (5), with an Army to prepare the
way, whilft he aiTembled all his Forces at Carltjle'b).
To render his Expedition the more fignal, he knighted
three hundred young Gentlemen, who attended the
Prince his Son, whom he was willing, on this occafion,
to initiate in the Art of War (7).

Mean time, Robert made great Progrefs in Scotland, E ' uc? '"
and took feveral places. He would have carried his Con-f£™% '" d
quells farther, if the Earl of Pembroke had not flopped aifiaU.
his career. The Earl entering Scotland, marched direct- Bu chanan.
ly to Robert, who, not thinking proper to retreat on waifog.
this firft occafion, went himfelf to meet him. The two
Armies coming to an Engagement, Robert's was put to the
rout (8). But as his Lots was not great, he was willing
to venture a fecond Battle (9), where he had no better
Succefs. Thefe two Defeats upon one another, obliging
him to quit the Country, he withdrew to one of the
Hebrides, where he lay concealed at a Relation's Houfe,
in expectation of a more favorable Junfture. Shortly Edward
after, Edward entering the Kingdom with a numerous ZZL™™-j
Army ( 1 o), found the Scots in Confternation, and their j^erety '
Troops difperfed. So having no Enemies to encounter, fifia ,bt
he fent out Detachments on all fides to feize Bruce's ^X'zZ'n.
Adherents. Great Numbers were taken, who all felt m. Wen.
that Prince's Severity (11). Three Brothers of the new Willing.
King loft their Heads on a Scaffold. His Queen herfelf
being fent into England, was kept in clofe Confinement.

(t) The Pope granted the King a Tenth out of all the Ecclefiaftical Benefices in England, for two Years, towards the Relief of the Ih.y-Lar.d though it
was diverted by the King for his own private Occafions. The Pope alfo rcferved to himfelf the firft Fruits of all the Benefices, which continued down to the
Reign of Hon v VIII. who firft annexed them to trie Crown. But (lays AL Weftminfter ) thePcpe was induced to this through the Covetoufnefs of the B.ihops,
wli) fubmitted to this Innovation, on condition they might enjoy one Year's Profits of all vacant Benefices in their Gift. AL Jl'tji. p. 454. 7yrrel t p- 167.

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