to wait for that enemy whom they were eager to seek. Troops, ill disciplined, and unaccustomed to fatigue, are apt to murmur at the delays of war: In such circumstances, the commanders of armies are often obliged to prefer the popular wishes to their own judgment; and, therefore, if the event proves disastrous, they are rather to be pitied than censured.

Every thing which befel the English after they quitted the banks of the Tyne, must be ascribed to the superior skill and vigilance of the Scottish commanders. What wonder that an inexperienced monarch of sixteen, a court favourite, some foreign officers, unacquainted with the country, and a crowd of barons equally unfit to command or obey, should have been foiled by Douglas and Randolph ?

Douglas and Randolph having returned expeditiously into Scotland, (9th August), the King of Scots resolved to lead his army against the eastern borders. He besieged the castle of Norham, which was gallantly defended by Robert Maners.* Douglas and Randolph were detached to make an attempt on the castle of Alnwick; but having failed

* " In eadem obsidione apud Norham, Willelmus de Montealto, Johannes de Clapham, et Malisius de Dobery, cum aliis propriâ inertia interfecti sunt;" Fordun, L. xiii. c. 12. This probably means that they were negligent in duty, and suffered themselves to be surprised. In Scala Chron. ap. Leland, T. i. p. 551. W. de Monte-alto is called Mouhand, i. e. Mouhaud, now pronounced Mowat. Clapham seems to be the same as Clepham. I can form no conjecture as to Dobery; that person, from his appellation of Malise, appears to have been a native of Scotland. Boece being at a loss, as I am, turned Dobery into Dunbar.

in their enterprise, they returned to the King, who still lingered before Norham.

So exhausted was the English treasury, that the demands of the foreign auxiliaries could not be discharged.86 Violent animosities prevailed among the great Lords, and the power of the Queenmother, and Mortimer, who ruled the young King, was not firmly established. The events of the late campaign had been singularly unfortunate; and there were, in truth, no reasonable hopes of more prosperous success in the prosecution of the war. These considerations induced the English government to entertain serious thoughts of peace. William de Denoun, a lawyer, was sent to the King of Scots at Norham, with some proposals for the marriage of the Princess Johanna of England, and David, the only son of the King of Scots. 87 This alliance was intended to be the basis of a treaty. Soon after, William de Denoun, and Henry de Percy, were appointed plenipotentiaries for concluding a peace with Scotland, (9th October). 88 To them other plenipotentiaries were added, (23d November). But the persons who chiefly managed this important business were Douglas and Mortimer.89

Elizabeth, the consort of Robert Bruce, King of Scots, died, (26th October). She was buried at Dunfermline.oo

The commissioners for the treaty met at Newcastle, and drew up certain articles of pacification."

The English King summoned a parliament to meet at York on the 8th of February 1327-8, for deliberating on those articles, (10th December). Meanwhile, a short truce was concluded with Scotland, (25th January 1327-8).

In the parliament at York, the important preliminary of renouncing all claim of superiority over Scotland, appears to have been adjusted.* Edward " willed and consented, that the said kingdom, according to its ancient boundaries observed in the days of Alexander III. should remain unto Robert King of Scots, and unto his heirs and successors, free and divided from the kingdom of England, without any subjection, right of service, claim, or demand whatever; and that all writings which

* This instrument is printed in Foedera, T. iv. p. 337. from a copy, as I understand, in the Chronicle of Lanercost. Tyrrel, vol. iii. p. 350. supposes this to be the only copy extant; but he is mistaken; there is another in Fordun, L. xiii. c. 12. and one more accurate than either, in an instrument under the hand of Wardlaw, Bishop of St Andrews, an. 1415. Mr Goodall, the editor of Fordun, has published this instrument according to Wardlaw's copy; its conclusion is more accurate than in Foedera: " Et ad praemissa omnia plenè, pacificè, et fideliter perpetuis temporibus observanda, dilectis et fidelibus nostris Henrico de Percy, consanguineo nostro, et Willelmo le Zousch de Asheby, et eorum alteri, ad sacramentum in animam nostram inde praestandum, per alias literas nostras patentes, plenam dedimus potestatem ac mandatum speciale. In cujus rei testimonium, has literas nostras fecimus patentes. Dat. ap. Ebor. primo die Martii, anno regni nostri secundo," i. e. March 1. 1327-8. This William de la Zouche was a Mortimer; his father Robert married a lady of the family of de la Zouche. William assumed the name of his mother, on obtaining a grant of the barony of Ashbie in Leicestershire. See Burton, Leicestershire, p. 19. The renunciation of all claim to the superiority of Scotland was made before the peace, probably that the two Kings might treat upon an equal footing, as sovereign and independent Princes.

might have been executed at any time to the contrary, should be held as void and of no effect." (York, 1st March 1327-8).

1328.

Peace with Scotland was concluded in a Parliament held at Northampton, (April 1328).92

The original treaty is not extant, neither is there any transcript of it to be found; yet, from a careful examination of public instruments, 93 and of the writings of ancient historians, it may be collected, that the chief articles of the treaty were these following :

I. There shall be a perpetual peace between the two kingdoms of England and Scotland.94

II. The stone on which the Kings of Scotland were wont to sit at the time of their coronation, shall be restored to the Scots.*95

III. The King of England engages to employ his good offices at the Papal court for obtaining a revocation of all spiritual processes depending before the Holy See against the King of Scots, or against his kingdom or subjects.†

* We owe the knowledge of this singular circumstance to the industrious author of the Introduction to The Calendars of Ancient Charters. He has discovered a writ under the privy seal, 1st July 1328, by Edward III. to the Dean and Chapter of Westminster, reciting, " That his council had, in his parliament held at Northampton, agreed that this stone should be sent to Scotland; and requiring the Dean and Chapter, in whose custody it was, to deliver it to the sheriffs of London, who were to cause it to be carried to the Queen-mother."

† To this purpose Edward III. addressed the Pope and the Cardinals in a more earnest strain than mere benevolence to the

IV. For these causes, and in order to make reparation for the ravages committed in England by the Scots, the King of Scots shall pay 30,000 merks to the King of England.*96

V. Restitution shall be made of the possessions belonging to ecclesiastics in either kingdom, whereof they may have been deprived during the war.t

VI. But there shall not be any restitution made of inheritances which have fallen into the hands of the King of England, or of the King of Scots, by reason of the war between the two nations, or through the forfeiture of former possessors.‡

King and nation of Scotland would have excited; Foedera, T. iv. p. 350.

* From the different passages in Foedera referred to, it seems that this sum was to be paid at the rate of 10,000 merks annually, on St John Baptist's day. Whether that day was fixed upon by accident, or whether the English chose to have this pecuniary acknowledgment made on the Anniversary of Bannockburn, I know not.

† "Quod viris ecclesiasticis utriusque regni, super possessionibus suis per guerram occupatis, nullatenus praejudicetur;" Foedera, T. iv. p. 467. It appears from Foedera, T. iv. p. 373. that this article was, bonâ fide, executed by both nations. For Edward III. acknowledged that the King of Scots had made the stipulated restitution, and he, on his part, ordered restitution to be made to the Abbeys of Jedburgh, Melros, Kelso, and Dundrenan.

† Such a provision was either expressed or implied with respect to Scotsmen. This appears from a grant in Foedera, T. iv. p. 384. by Edward III. to Sir James Douglas : " Sciatis, quod de gratia nostra speciali dedimus, concessimus, et reddidimus-Jacobo Douglas militi, manerium de Faudon, cum pertinentiis, in comitatu Northumbriae, et omnes alias terras, &c. quae Willielmus Douglas pater suus habuit in Anglia, et quae occasione guerrae inter Dominum E. quondam Regem Angliae, avum nostrum, et tunc Regem Scotiae, motae, in manum ipsius avi nostri, tanquam sibi forisfactae, capta fuerunt, et sic ad