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The French, by their plenipotentiaries, professed their regard for the faith of treaties; and they gently insinuated, that the Scots themselves had overlooked the terms of the alliance, by omitting to include France in the truce. They said, that, while their country was exposed to the ravages of war, and their own Sovereign a captive, they could not, conveniently, pay so large a sum; nevertheless, if the Scots made war against England, they would afford whatever assistance was in their power.

Although, at first, the one party demanded so much, and the other offered so little, it was finally agreed, that, on Easter day 1360, the French should pay fifty thousand marks Sterling to the Scots; and that the Scots should renew the war with England. A ratification of the former alliance between France and Scotland was also reciprocally stipulated, (at the Louvre, near Paris, 29th June 1359).

1360.

The French and the English concluded a treaty of peace, (at Bretigny near Chartres, 8th May 1360). By it the French King" renounced every alliance with Scotland, and engaged for himself and his successors, that they should not, in time coming, aid, comfort or favour the King, king

Seigneur le Regent et le royaulme de France les aideront et conseilleront en tout ce qu'ils pourront bonnement." This general clause is transcribed from the treaty of Corbeil, 26th April 1326. But the words comme loyaux alliez, which occur in the treaty of Corbeil, are omitted in that of Paris; Alliances, MS. fol. 19.

5 Foedera, vi. 178-196.

dom, or subjects of Scotland, or make any new alliance with them to the prejudice of the English."*

The English King, on his part, renounced every alliance with the people of Flanders.

But both Kings afterwards protested, that these renunciations should only take place in the event of the articles of the peace being reciprocally fulfilled, (24th October).

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A treaty for a final peace with the Scottish nation was commenced, (20th August)."

In this year a singular incident occurred. David Bruce, during his captivity, had an unlawful intercourse with one Catharine Mortimer, a native of Wales. She came to Scotland with him, and continued for several years to be his favourite concubine. She became obnoxious to some of the nobility. They conspired against her life. Two wretches, Hulle and Dewar, went to her residence, pretending that they had orders to convey her to

* This ought to be perpetually remembered: it is the 32d article. See Foedera, T. vi. p. 192. "Concordatum est, quòd Rex Franciae, et suus primogenitus, regens, pro ipsis et pro haeredibus suis, Regibus Franciae, in quantum fieri potest, dimittent et recedent in toto de alligantiis, quas habent cum Scotis; et promittent, in quantum fieri potest, quòd nunquam illi, vel haeredes sui, nec Reges Franciae qui pro tempore erunt, dabunt vel ferent Regi nec regno Scotiae, nec subditis ejusdem, praesentibus vel futuris, auxilium, consolamen, vel favorem contra dictum Regem Angliae, nec contra haeredes et successores suos, nec contra suum regnum, vel subditos suos, quocunque modo; et quòd ipsi non facient alias alligantias cum dictis Scotis, in futurum, contra dictum Regem et Regnum Angliae."

Foedera, vi. 265.

7 Foedera, vi. 207, 208.

8 Fordun, xiv. 24. Scala Chron. ap. Leland, i. 578.

ance.

the King. She committed herself to their guidOn the road between Melrose and Soltra, they murdered her. Great suspicions arose that Thomas Stewart Earl of Angus, a turbulent and profligate person, had instigated the murderers. The King imprisoned him in the castle of Dumbarton; and honourably interred his beloved Mortimer in the chapel of the abbey of Newbottle.

1361.

The plague broke out again in Scotland with redoubled violence, and continued its ravages through this year. It was computed, that onethird of the people perished in this general calamity; among them were many persons of distinction. The Earl of Angus died in his prison at Dumbarton, and some of the hostages died in England.*

To avoid the infection, the King, with many of his nobles, retired into the northern parts of Scotland. Some differences arose between him and the Earl of Marre. The King besieged and took the castle of Kildrummie, the principal residence of that nobleman, and placed a garrison in it. The Earl obtained leave to quit the kingdom; but he was soon received into favour again.

Our historians are silent as to the cause of the King's displeasure against a nobleman nearly allied

* The King's nephew, son of the Earl of Sutherland, died of the plague at Lincoln; Fordun, L. xiv. c. 25. Fordun adds, that Thomas Earl of Moray died of the plague in England 1361. But there existed no such person at that time. Fordun probably meant " Thomas Moray Lord of Bothwell."

9 Fordun, xiv. 24.

10 Fordun, xiv. 24.

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to the royal family: But it was probably this: The Earl of Marre had lately become bound, for a pension of six hundred marks Sterling, to serve Edward III. " in his wars, and elsewhere, against all men, his liege lord only excepted." It was natural for the King to be displeased at such a treaty between one of his own subjects, and a prince still at enmity with Scotland; and he appears to have seized the first convenient opportunity of expressing his displeasure.

1362.

Johanna, Princess of England, the consort of David Bruce, died* childless. 1363.

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The King of Scots, in a parliament at Scone, proposed to the three estates, that, in the event of his dying without issue, they should choose for their

* There is a strange diversity among historians concerning the time of the death of this ill fated lady; Fordun, L. xiv. c. 18. says, that she went to England in 1357, and died after she had remained there for some time, (aliquanto tempore commorata). In Scala Chron. ap. Leland, T. i. p. 568. it is said, "The Quene of Scotland, sister to King Edward, cam oute of Scotland to Wyndesore to speke with him, and after was with her mother Quene Isabel at Hertford, and there dyed." This imports that she died, either before her mother, or soon after her. It is certain that her mother died in autumn 1358.Fordun, and the author of Scala Chronica, are in a mistake. Queen Johanna must have lived beyond the year 1357 or the year 1358; her husband speaks of her as alive on the 21st February 1358-9; Foedera, T. vi. p. 118. Nay, more, on the 2d May 1362, a passport is granted by Edward III. to John Heryng "the servant of Johanna Queen of Scotland, our sister;" Foedera, T. vi. p. 364. and, therefore, I incline to follow Walsingham, p. 179. who places her death in 1362.

11 Foedera, vi. 119.

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King one of the sons of Edward III. And he earnestly expressed his wish that the choice might fall on Lionel Duke of Clarence. This, he said, would be the means of establishing perpetual tranquillity : That the Duke of Clarence would be able to maintain the national liberties; and that the English King would renounce for ever all pretensions to the sovereignty of Scotland.

The estates instantly, and unanimously, made answer,* " That they would never permit an Englishman to reign over them: That the proposition made by the King was ill advised: That by acts of settlement, and solemn oaths of the three estates, in the days of Robert Bruce, the Stewart had been acknowledged presumptive heir of the crown; and that he and his sons were brave men, and fit to reign." The King appeared to be sensible of the force of their arguments, and desisted from his proposition.t

But such a proposition, having been once made, could not be forgotten. Jealousy and distrust arose in the minds of a people who prized the national independency above all things. Many of the no

* " Cui breviter et sine ulteriore deliberatione aut retractione responsum fuit per universaliter singulos et singulariter universos de tribus statibus;" Fordun, L. xiv. c. 25. that is, " generally by each man, and particularly by all."

+ Something has been said on this subject in Remarks on the History of Scotland, c. 5. But a more accurate attention to dates has enabled me to place the transactions of this year 1363 in a clearer light. By some strange inadvertency, I quoted Barnes, p. 426, 427. instead of Foedera, T. vi. p. 426, 427See Note, p. 116.

12 Foedera, xiv. 25.

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