granted in such terms; but I am willing to consent, if the wonted form is employed. I send you a copy of the King's letter; for I imagine that you have either not perused it, or not adverted to its tenor," (21st March 1322-3. Dated at Berwick).

It is probable that the omission which gave rise to this animated letter was accidental. For, in Edward's consent to the cessation of arms, (dated 14th March), Bruce is treated as a principal party.48

1323.

Edward demanded the opinion of his counsellors as to the expediency of this truce.49 Henry de Beaumont, one of the counsellors, refused to give his opinion. Edward then commanded him to depart from the council-board. " I had rather go than stay," answered Beaumont. He saw, but he was too proud to acknowledge, the necessity of the truce. His behaviour admits of no apology. In questions as to what is constitutional, and what is illegal, a counsellor, from diffidence of his own knowledge, or from ignorance, may hesitate: But, when the question is as to expediency, a counsellor ought to deliver his opinion with that dignity which suits his rank, and with the spirit of a free man, (30th March 1323).

On the same day, the treaty of truce, to endure until the 12th June 1336, was concluded, (at Thorpe in the neighbourhood of York).50

It was agreed, that during the truce no new fortresses should be erected in Cumberland, to the north of the Tyne, or in the counties of Berwick, Rokesburgh, and Dumfries.

By a very singular article it was provided, " that Bruce, and the people of Scotland, might procure absolution from the Pope; but, in case there was no peace concluded before the expiration of the truce, that the sentence of excommunication should revive." It does not appear how laics, by their own authority, could limit or qualify the operations of a spiritual sentence; and, therefore, it may be presumed, that this provision was made with the consent of the Pope, implied, if not expressed.

Bruce, under the style of King of Scotland, ratified the treaty (at Berwick, 7th June 1323); with the consent of his bishops, earls, and barons.*

Edward, while he was negociating this truce, employed his ambassadors at the Papal Court to widen the breach between Scotland and the Pope.5* He requested the Pope to ratify and publish in due form,† the sentence of excommunication against

* The persons who, together with the King, made oath for the observance of this truce, are thus described in the instrument. All the earls of Scotland; but their names are not specified. The Stewart, James Douglas, John Menteth, Robert Keith, Henry St Clair, Gilbert de la Haye, David Lindesay, David Graham, Alexander Frisel (or Fraser), Hugh Ross, Robert Boyd, and Robert Lauder the elder; Foedera, T. iii. p. 1025.

" Per crucis signationem et alia juris remedia;" Foedera, T. iv. p. 31.

Bruce and his adherents. He said that the Scots, by their contempt of the censures of the church, had incurred the suspicion of heresy, and that they had proceeded to the criminal excess of inflicting tortures, and even capital punishments, on ecclesiastics, without regard to their sacred character.* He farther requested the Pope not to give his sanction for electing Scotsmen to the episcopal office in their native country; "because," said Edward, the Scottish prelates are they who cherish the nation in its rebellion and contumacy.

Before the Pope had made answer to this request, accounts of the truce between the two nations arrived. This afforded to the Pope an opportunity of denying the request of Edward. He said, that it was his duty to promote, and still more to enforce a truce; and that, as the King of England had consented that the Scots might obtain a temporary absolution at least, it would be improper to ratify and publish the sentence of excommunication. As to the demand concerning Scottish Bishops, the Pope made answer, that to grant it, would be to deprive the flock of pastors altogether, seeing no Englishman could receive admittance into Scotland.

The King of Scots, on his side, resolved to send ambassadors for soliciting a reconciliation with the church.53 Previous, however, to this embassy, he judged it expedient that his nephew Randolph should endeavour to sound the dispositions of the Papal Court.

The Pope sent a narrative to the King of England of the conversation which passed between him and Randolph. The narrative is exceedingly curious and characteristical.

Randolph having been admitted to an audience, informed the Pope, that he had made a vow to repair to the Holy Land, but that he could not accomplish it without the permission of the Papal see ; and that the main purpose of his journey to Avignon was to seek the indulgences usually bestowed on those who undertook that religious expedition.

The Pope made answer, that it was not fit to grant such permission and indulgences to one who, as a simple individual, could not perform any effectual services; and, as an excommunicated person, could not further his own salvation in Palestine: But he added, that he would hereafter lend a favourable ear to this petition, if Randolph did his utmost endeavours for procuring the establishment of peace between the two nations.

Randolph then said, that ambassadors were speedily to be sent from Scotland, to solicit a reconciliation with the church, and he requested the Pope to grant them his own passport in ample form.

The Pope, although he could not grant this, offered to issue letters requisitorial for their safe conduct, addressed to all the Princes through whose territories they might have occasion to journey.

Randolph next produced a commission from his uncle of the following tenor : "The King of Scots makes offer to the Pope, that he will accompany the French King in his intended expedition to the Holy Land; and, if that expedition should not take place, that he himself will repair in person to the Holy Land, or send his nephew, Thomas Randolph Earl of Moray, in his stead."

To this proposal the Pope made answer, " that until Bruce concluded a peace with England, and was reconciled to the church, it would not be decent to receive him as a crusader, either in society with the French King, or by himself."

Then the shrewd ambassador observed, that his own wishes were most ardent for peace with England, and for a perfect reconciliation with the catholic church: That to this end he would sincerely labour, were he assisted by the good offices of his Holiness; but that, for rendering such interposition effectual, it would be expedient, and indeed absolutely necessary, that a Bull should be addressed to Bruce, under the appellation of King. He was confident that a Bull, with that conciliating title, would be reverently received; but he greatly feared, that if the name of King was withheld, that which had happened formerly would again happen, and the Bull would remain unopened.

The Pope hastily consented to a proposal made with so much appearance of candour; but recollecting the consequences of what he had done, he endeavoured to apologize for it to the King of England. " I remember to have told you," said he, " that my bestowing the title of King on Robert Bruce, would neither strengthen his claim,