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A22662 A declaration conteyning the iust causes and consyderations of this present warre with the Scottis wherin alsoo appereth the trewe & right title the Kinges Most Royall Maiesty hath to the souerayntie of Scotlande. England and Wales. Sovereign (1509-1547 : Henry VIII); Henry VIII, King of England, 1491-1547. 1542 (1542) STC 9179; ESTC S4637 14,331 31

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Isle within the Occean sea to be after gouerned by them thre appoynted Albanact to rule that nowe is called Scotlād Camber the parties of Wales and Locrine that nowe is called Englande vnto whom as beinge the elder sonne the other two brothers shuld do homage recognisyng and knowleagynge hym as theyr superior Nowe consider if Brutus conquered all this Ilande as the hystorye sayeth he dyd and then in his owne tyme made this order of superioritie as afore Howe can there be a title diuised of a more playne begynninge a more iuste begynninge a more conuenient begynninge for the order of this Ilande at that tyme specially when the people were rude which can not without continual strife and variaunce conteyne two or the rulers in all poyntes equall without any maner of superioritie the inwarde conscience and remorse of whiche superioritie shulde in some part dull and diminishe the peruerse courage of resistence and rebellion The fyrst diuision of this Isle we fynde it writē after this sort without cause of suspection why they shulde wryte amysse And accordynge herevnto we fynde also in hystory set forth by diuerse howe for transgression against this superioritie our predecessours haue chastised the kinges of Scottis and some deposed and put other in their places VVE wil here omyt to speake of the rudenes of the antiquitie in particularitie which they cared not distinctly to cōmit to writing but some authors as Anthonius Sabellicus amonges other diligentely enserchynge what he might truely wryte of al Europe Ened 10. Lib. 5. and the Ilandes adioynynge ouer and besides that whiche he writeth of the nature maners and condytions of the Scottis whiche who so lyst to rede shal fynde to haue bene the very same in tymes paste that we fynde them nowe at this present he calleth Scotlande part of Englande which is agreable to the diuision aforesaid beinge in dede as in the lande contynuall without separation of the sea so also by homage and fealtie vnite vnto the same as by particular declarations shall most manifestly appere by the testimony of suche as haue left writing for proue and confirmation therof In whiche matier passing ouer the deathe of kynge Humbre the actes of Dunwald king of this realme the diuisiō of Belin Brene the victories of king Arthure we shal begyn at the yere of our lord DCCCC which is DCXLII yeres by past a tyme of sufficient auncientie from whiche we shall make speciall declaration and euidence of the execution of our right and title of superioritie euermore contynued and preserued hytherto ¶ EDVVARDE the fyrst before the conquest sonne to Alured kyng of Englande had vnder his dominion and obedience the king of Scottis And here is to be noted that this matier was so notorious and manifest as Maryon a Scot writing that storye in those dayes graunteth confesseth and testifieth the same and this dominion contynued in that state XXIII yere At whyche tyme Athelstaine succeded in the crowne of Englande and hauynge by battayle conquered Scotlande he made one Constantine kynge of that partie to rule and gouerne the countray of Scotlande vnder him adding this princely woorde That it was more honour to hym to make a kynge than to be a kyng XXIIII yeres after that whiche was the yere of our lorde DCCCCXLVII Eldred kynge our progenitour Athelstains brother toke homage of Irise then kinge of Scottis XXX yeres after that whiche was the yere of our lorde DCCCCLXXVII kyng Edgar our predecessor toke homage of Kynalde king of Scottis Here was a lyttell trouble in Englande by the death of sayncte Edwarde kynge and martyr distroyed by the deceite of his mother in lawe but yet within memory XL yeres after the homage done by Kynald to kyng Edgare that is to say in the yere of our lord MXVII Malcolme the kynge of Scottes dydde homage to Knute our predecessour After this homage done the Scottis vttered some piece of theyr naturall disposition whervppon by warre made by our progenitour sainte Edwarde the confessour XXXIX yere after that homage done that is to say the yere of our lord MLVI Malcolme kynge of Scottis was vanquisshed and the realme of Scotlande gyuen to Malcolme his sonne by our sayd progenitour saynte Edwarde vnto whome the sayde Malcolme made homage and fealtie WITHIN XI yeres after that Wylliam Conquerour entred this realme wherof he accompted no perfect conquest vntyll he had lykewise subdued the Scottis and therfore in the sayde yere whiche was in the yere of our lord MLXVIII the sayd Malcolme kynge of Scottis dyd homage to the sayde William Conquerour as his superiour by conquest kynge of Englande XXV yeres after that whiche was the yere of our Lorde MXCIII the sayde Malcolme dyd homage and fealty to William Rufus sonne to the said William Conquerour and yet after that was for his offences and demerites deposed and his sonne substitute in his place who lykewyse fayled in his duetie and therfore was ordeyned in that astate by the sayd William Rufus Edgare brother to the laste Malcolme and sonne to the fyrste who dyd his homage and fealtie accordingely VII yeres after that which was in the yere of our lorde MC the sayd Edgar kynge of Scottis dydde homage to Henry the fyrste our progenitour XXXVII yere after that Dauid kyng of Scottis did homage to Matilde the Emperatrice as daughter and heyre to Henry the fyrst Wherfore beinge after required by Steuen then obteynynge possession of the realme to make his homage he refused so to do bycause he had before made it to the sayde Matilde and thervpon forbare After whiche Dauids deathe whiche ensued shortely after the sonne of the sayd Dauid made homage to the said kyng Steuen XIIII yeres after that whiche was in the yere of our lorde MCL William king of Scottis and Dauid his brother with al the nobles of Scotlād made homage to HENRY the secondes sonne with a reseruation of theyr dutie to Henry the second his father XXV yeres after that which was in the yere of our lorde MCLXXV Wylliam kinge of Scotlande after moch rebellion and resistence accordyng to their naturall inclination kyng HENRY the seconde than being in Normandy William then kyng of Scottis knowledged fynally his errour and made his peace and composition confirmed with his great seale and the seales of the Nobilitie of Scotlande makynge therwith his homage and fealtie WITHIN XV yeres after that which was the yere of our lorde MCLXXXX the sayd Wylliam kyng of Scottes came to our citie of Canturbury and there dydde homage to our noble progenitour kynge RICHARDE the fyrst XIIII yeres after that the sayd William dyd homage to our progenitour kynge IOHN vpon a hyll besides Lincoln̄ makyng his othe vpon the crosse of Hubert than archbyshop of Canturbury being there present a meruaylous multitude assembled for that purpose XXVI yeres after that whiche was in the yere of our lorde MCCXVI Alexander kyng of Scottis maryed Margaret the doughter of oure progenitoure HENRY the thyrde
the superior lord in the tyme of vacation benefices offices fees promotions passid in that tyme from the mere gift of our sayde progenitour as in the right of this crowne of England Sheriffes named and apoynted writtis preceptes made obeyed and executed And finally al that we do now in the Duchy of Lancaster the same dyd our progenitour for the tyme of contention for that title in the realme of Scotlande by the consent and agrement of all astates of the realme assembled and consulted with for that purpose At whiche tyme the byshoppes of saynt Andrewes and Glascoo were not as they nowe be archebyshoppes but recognised the prouince of our archebishop of Yorke whiche extended ouer all that countrey NOVV if the Scottis wyl take exception to the homages of theyr pryncis as made in warre by force whiche is not true what wyll they say or can they for shame alledge agaynst their owne parlyament not of some but of all confirmed testified by theyr writynge and seales whervnto nothing enforced them but right and reason being passed in peace and quiet without armour or compulsion If they say they did it not they speake like them selues If they say they dyd it then doo they nowe lyke them selfes to withdrawe their duetie not so moche to be blamed as to be amended THVS APPERETH vnto you the begynnyng of the righte of superioritie with a perpetuall contynuaunce without intermission within memory certayne omission and forbearynge vpon the groundes and occasions before specified we deny not Wherby they haue many tymes sought and taken theyr oportunities to withdrawe the doinge of theyr duetie in knowlege of our superioritie ouer theym whiche to auoyde they haue not cared what they sayde or alleged though it were neuer so vntrue lyeng alwayes in awayte whan they myght annoy this realme not without theyr owne great dangier peryl and extreme detriment But as they detrected the doing of theyr duetie so god euer graunted vnto this realme force to compell them thervnto within memory not withstandyng any theyr interruption by resistence which vnto the tyme of our progenitour Henry the VI neuer indured so longe as it made intermission within tyme of mynde wherby the possession might seme to be enpaired from the tyme of Henry the VI vnto the seuenth yere of our reigne how our realme hath ben for a season lacerate and torne by diuersitie of titles tyl our time and sins by warre outwardly vexed and troubled The story is so lamentable for some parte therof as were tediouse to reherse SITHENS THE deathe of our progenitour Henry the VI our grandfather Edwarde the IIII reygned who after great trauailes to atteyne quietnes in his realme fynally in the tyme of preparation of warre against Scotlande dyed RICHARDE the III than vsurped for a smalle tyme in yeres whom the kynge oure father by the strength of goddis hande ouerthrewe in battail and mooste iustly attayned the possession of this realme who neuertheles after the great tempestious stormes fyndynge all matiers nat yet broughte to a perfecte quiete and reste ceassed and forbare to require of the Scottis to do theyr duetie thinkyng it policy rather for that time to assay to tame theyr nature by the plesant coniunction and conuersation of affinitie then to charge them with theyr fault and require duety of them when oportunitie serued not by force and feare to constrayne and compell them AND thus passed ouer the reygne of oure father without demaunde of this homage And being our reygne nowe XXXIIII yeres we were XXI yere letted by our Nephieu his minority being then more carefull howe to brynge hym out of daungier to the place of a king then to receyue of him homage when he had full possession in the same Wherefore beinge now passed sithens the last homage made by the kinges of Scottis to oure progenitour Henry the VI CXXII yere at whiche tyme the homage was done at Wyndesor by Iames Stuard then king of Scottis as afore LVI of these yeres the crowne of this realme was in contention the trouble wherof engendred also some busynesse in the tyme of the kyng our father whiche was XXIIII yere And in our tyme XXI yere hath passed in the minority of our Nephieu So as finally the Scottis resortynge to their onely defence of discontinuance of possession can onely alledge iustly but XIII yere of sylence in the tyme of our reigne beinge al the other tymes sythens the homage done by Iames Steward suche as the silence in them had they ben neuer so longe coulde nat haue ingendrid preiudice to the losse of any right that may yet be declared and proued due For what can be imputed to king Edward for not demanding homage beinge in strife for that estate whervnto the homage was due What shulde Rycharde the III. serche for homage in Scotlande that had neither right ne leysure to haue homage done vnto hym in Englande Who can blame our father knowynge the Scottis nature neuer to do their duetie but for feare if he demaunded not that of them whiche they wold exchue if they might being his realme not clerely than purged from yll seede of sedition sparkeled and scattered in the cruell ciuile warres before LAVVE AND reason serueth that the passing ouer of tyme not commodious for the purpose is not allegable in prescription for the losse of any right And the minoritie of the kyng of Scottis hath endured XXI yeres of our reigne whyche being an impediment on their part the hole prescription of the Scottis if the matier were prescriptible is thus deduced euidentely to XIII yere whiche XIII yere without excuse we haue ceassed and forborne to demaunde our duetie lyke as the Scottis haue lykewyse cessed to offer and tende the same For whiche cause neuerthelesse we do not enter this warre ne mynded to demaunde any suche matier Nowe beinge rather desirous to reioyse and take comfort in the frendshyppe of our Nephieu as oure neyghbour than to moue matier vnto hym of displeasure wherby to alienate suche naturall inclination of loue as he shuld haue towarde vs. But such be the workes of god superior ouer all to suffre occasions to be minystred whereby due superioritie may be knowen demanded and required to the intent that according thervnto all thinges gouerned in due order here we may to his pleasure passe ouer this lyfe to his honour and glory whiche he grant vs to do in such rest peace and tranquillitie as shal be mete and conuenient for vs. ❧ ❧ ❧ ❧ ❧ LONDINI in officina Thomae Bertheleti typis impress Cum priuilegio ad imprimendum solum ANNO. M.D.XLII
at our citie of Yorke in the feast of Christmas at which tyme the said Alexander dyd his homage to our sayde progenitour who reigned in this realme LVI yeres And therfore betwene the homage made by the saide Alexander kyng of Scottes and the homage done by Alexander sonne to the sayd kyng of Scottis to Edwarde the fyrst at his coronation at Westmester there was about fyfty yeres at whyche tyme the sayde Alexander kynge of Scottis repaired to the sayde feaste of coronation there dyd his duetie as is afore sayde WITHIN XXVIII yeres after that which was the yere of our lorde MCCLXXXII Iohn̄ Baliol kynge of Scottis made homage and fealtie to the sayde kynge Edwarde the fyrste our progenitour AFTER THIS began Robert Bruse to vsurpe the crowne of Scotlande and to moue sedition therfore againste them of the house of Ballioll whiche made for a season some interruption in the sayde homage but yet no intermission without the termes of memory For within XLIIII yere after whiche was the yere of our lorde MCCCXXVI Edwarde Baliol after a great victory in Scotlande agaynst thother faction and enioyenge the crowne of Scotland made homage to our progenitour Edwarde the thyrde AND XX yeres after that which was in the yere of our lorde MCCCXLVI Dauid Bruse who was euer in the contrary faction dyd neuerthelesse in the title of the crowne of Scotland wherof he was then in possession make homage to our sayde progenitour Edwarde the thyrde WITHIN IX yeres after this Edward the thyrde to chastise the infidelitie of the Scottis made warre agaynst them where after great victories Edwarde Balliol hauyng the iust and ryght title to the realme of Scotlande surrendred clerely the same to our said progenitour at the towne of Rokysbrough in Scotlande where our said progenitour accepted the same and than caused hym selfe to be crowned kynge of Scotlande and for a tyme enterteigned it and enioyed it as very proprietarye owner of the realme as on th one partie by confiscation acquyred and on the other part by free wyll surrendred vnto hym AND then after the death of our sayd progenitour EDVVARDE the thirde beganne seditions and insurrections in this our realme in the tyme of our progenitour RICHARDE the second whiche was augmented by the alteration of the state of the sayd Rycharde and the deuolution of the same to Henry the IIII so as the Scottis had som leysure to play their vagues and folowe their accustomed manier And yet Henry the V for recouery of his right in France commaunded the kyng of Scottis to attende vppon hym in that iourney And in this tyme the realme of Scotlande being descended to the house of the Stewardes of which our Nephieu directly cometh Iames Stewarde kyng of Scottis in the yere of our lorde MCCCCXXIII made homage to Henry the VI at Wyndesour Whiche homage was distaunt frome the tyme of the other homage made by Dauid Bruse LX yeres and more but farre within the fresshe memory of man ALL which homages and fealties as they appere by story to haue ben made and done at times and season as afore so do there remayne instrumentes made thervpon and sealed with the seales of the kynges of Scotlande testifyenge the same And yet dothe it appere by story how the Scottis practised to steale out of our treasaury diuers of these instrumentes which neuerthelesse were after recouered agayn And to the intent ye may knowe of what fourme and tenour the sayde instrumentes be here is inserted the effecte in worde and sentence as they be made which we do to mete with the cauellation and contriued euasion of the Scottes alleaginge the homage to haue benne made for the Erldome of Huntyngton whiche is as trewe as the allegation of hym that is burnte in the hande to saye he was cut with a sikell And therfore the tenour of the homage is this I Iohn N. kynge of Scottes shall be trewe and feythfull vnto you lorde Edward by the grace of god kynge of Englande the noble and superior lorde of the kyngdome of Scotlande and vnto you I make my fydelitie of the same kyngdome of Scotland the whiche I holde and clayme to holde of you and I shall beare to you my feythe and fidelitie of lyfe and lymme and worldely honour agaynste all men and feythfully I shall knowleage and shal do to you seruice due vnto you of the kyngdome of Scotlande aforesayd as god so helpe me these holy euangelies NOVVE FOR the thyrde parte touchinge recordes and regestres we haue them so formall soo autentiquall so seriously handeled and with suche circumstaunces declarynge the matiers as they be ought to be a great corroboration of that hath ben in stories writen and reported in this matier For amonges other thynges we haue the solempne acte and iudicial processe of our progenitour EDVVARD the firste in discussion of the title of Scotland when the same was challenged by twelue competitiours That is to say Florentius comes Holandie Patricius de Dunbar comes de Merchia VVillielmus de Vesty Villielmus de Ros. Robertus de Pinbeny Nicholaus de Soules Patricius Galightly Rogerus de Mundeville Ioannes Comyn D. Ioannes de Hastinges Ioannes de Balliolo Robertus de Bruse Ercius rex Norvvegie AND fynally after a great consultation mature deliberation with discussion of the allegatiōs proponed on all parties sentence was gyuen for the title of Ballioll according whervnto he enioyed the realme But for confirmation of the duety of homage before that tyme obserued by the kynges of Scottis it appereth in those recordes howe when those competitours of the realme of Scotland repaired to our said progenitour as to the chiefe lord for discussion of the same in as moche as the auctoritie of the iudgement to be gyuen depended thervpon It was than ordered that the hole parliament of Scotland spirituall temporall and of all degrees assembled for that purpose and consideryng vpon what ground and foundation the kynges of Scotlande had in tymes paste made the sayd homages and recognition of superyoritie the sayd parlyament fynding the same substantiall good and true shulde if they so demed it yelde and geue place and by expresse consent recognise the same At whiche parlyamente was alledged vnto theym as appereth in the same recordes not onely these actes of the prynces before those dayes and before rehersed but also besydes the testimonye of storyes the wrytinges and letters of foreyn princis at that tyme recitynge and rehersynge the same Whervppon the sayde parlyament dyd there agree to this our superioritie and ensuynge theyr determination dyd particularly and seuerally make homage and feaultie with proclamation That who soo euer withdrue hym selfe from doinge his duetie therin shulde be taken and reputed for a rebel And so all made homage fealtie to our progenitour Edwarde the first The realme was in the tyme of the discussion of the title ruled by gardians deputed by him all castels holdes were surrendred to him as to
❧ A DECLARATION CONTEYNYNG THE IVST CAVSES and consyderations of this present warre with the Scottis wherin alsoo appereth the trewe right title that the kinges most royall maiesty hath to the souerayntie of Scotlande ❧ BEYNG NOVVE ENforced to the warre which we haue always hitherto so moch abhorred and fled by our neighbour and Nephieu the kyng of Scottis one who aboue all other for our manyfold benefites towardis hym hath most iust cause to loue vs to honor vs and to reioise in our quiet We haue thought good to notify vnto the world his doinges and behauour in the prouocation of this warre and lykewyse the meanes and wayes by vs vsed to exchue and aduoyde it and the iust and true occasions wherby we be nowe prouoked to prosecute the same and by vtterance and diuulging of that matier to disburden som part of our inwarde displeasure and griefe and the circumstaunces knowen to lament openly with the worlde the infelicitie of this tyme in which thinges of suche enormitie do brest out and appere THE KYNG of Scottes our Nephieu and neighbour whom we in his youth tender age preserued and maynteined from the great danger of other and by our authoritie and power conduced hym sauely to the reall possession of his estate He nowe compelleth and forceth vs for preseruation of our honoure and right to vse our puissaunce and power agaynst hym The like vnkindenes hath ben heretofore shewed by other in semblable caces against goddis lawe mans lawe and al humanitie but the oftener it chaunceth the more it is to be abhorred yet in the persons of princis for the raritie of theym can so happen but seldome as it hath nowe come to passe IT HATH ben very rarely and seldom seen before that a king of Scottis hath had in mariage a doughter of England We can not ne wyll not reprehend the kynge our fathers acte therin but lament and be sory it toke no better effecte The kynge our father in that matier mynded loue amitie and perpetuall frendshyp betwene the posteritie of both whiche how soone it fayled the death of the kynge of Scottis as a due punyshment of god for his iniuste inuasion into this our realme is and shall be a perpetuall testimonye to theyr reproche for euer and yet in that present tyme coulde not the vnkyndenesse of the father extinguishe in vs the naturall loue to our Nephieu his sonne being than in the myserable age of tender youthe but we than forgettyng the dyspleasure that shulde haue worthily prouoked vs to inuade that realme nurrished and brought vp our Nephieu to achieue his fathers possession and gouernemēt where in he nowe so vnkyndly vseth and behaueth hym towardes vs as he compelleth vs to take armour and warre agaynst hym IT IS specially to be noted vpon what groundes and by what meanes we be compelled to this warre wherin among other is our chiefe griefe and displeasure that vnder a colour of faire spech and flattering woordes we be in dedes so iniured contempned and dispised as we ought not with sufferaunce to pretermitte and passe ouer Wordes writinges letters messages ambassiatis excuses allegations coulde not more pleasantly more gently ne more reuerently be deuised and sente then hath bene made on the kynge of Scottis behalfe vnto vs and euer we trusted the tree wold bryng forth good fruite that was on th one partie of so good a stocke and contynually in apparance put forth so fayre buddes and therfore wolde hardely byleue or gyue eare to other that euer alledged the dedes to the contrary being neuerthelesse the same dedes so manyfest as we muste nedes haue regarded them had we not haue ben so lothe to thinke euell of our Nephieu whom we had so many wayes bound to be of the best sorte towarde vs. And therefore hauynge a message sente vnto vs the yere paste from our sayde Nephieu and a promisse made for the repayryng of the sayd kynge of Scottis vnto vs to Yorke and after great preparation on our part made therfore the same metyng was not onely disappoynted but also at our being at Yorke in the lieu therof an inuasion made by our said Nephieu his subiectes into our realme declaryng an euident contempt and dispite of vs We were yet gladde to impute the defaute of the metynge to thaduyse of his counsaylle and the inuasion to the lewdnes of his subiectes and according thervnto gaue as benigne and gentyl audience to suche Ambassadours as repayred hither at the Christmas afterwarde as if noo suche causes of displeasure had occurred specially consyderynge the good woordes swete woordes pleasant woordis eftsones proponed by the sayd Ambassadours not only to excuse that was past but also to perswade kindnes and perfect amitie to ensue And albeit the kyng of Scottis hauynge contrary to tharticle of the leage of amitie receyued and entreteigned suche rebelles as were of the chief and principle in sterringe the insurrection in the North agaynst vs with refusal before tyme vpon request made to restore the same yet neuerthelesse vpon offer made by the sayde ambassadours to sende commission to the bordures to determine the debates of the confinies in the same with so great a pretence of amitie and so fayre woordes as coulde be in speche desyred we were contente for the tyme to forbeare to presse them ouer extremely in the matier of rebels Albeit we neuer remitted the same but desyrous to make triall of our sayde Nephieu in some correspondence of dedes condescended to the sendyng of commissioners to the borders whiche to our great charge we dyd and the kynge of Scottes our said Nephieu the semblable Where after great trauaile made by our Commissioners this fruite ensued that being for our part chalenged a piece of our grounde playnly vsurped by the Scottis and of no great value being also for the same shewed such euidence as more substanciall more autentique more playne and euydent can not be broughte fourthe for any parte of grounde within our realme The same was neuerthelesse by them denied refused and the euidence only for this cause reiected that it was made as they alledged by Englishemen And yet it was soo auncient as it coulde not be counterfaite nowe and the value of the grounde so lytell and of so smal wayte as no man wolde haue attempted to falsifie for suche a matier And yet this denyall being in this wyse made vnto our Commissioners they neuer the lesse by our cōmandement departed as frendes from the Commissioners of Scotlande takyng order as hath ben accustomed for good rule vpon the borders in the meane tyme. AFTER whyche theyr recesse the lorde Maxwell warden of the west marches of Scotland made proclamation for good rule but yet added therwith that the bourderers of Scotlande shuld withdrawe their goodes from the bourders of England And incontinentely after the Scottisshe men bourdurers the fourth of Iuly entred into our realme sodeynly and spoyled our subiectes contrarye to our leages euen
after suche extremitie as it had bene in tyme of open warre Wherat we moche meruayled and were compelled therfore to furnishe our bourdour with a garrison for defence of the same Whervpon the kyng of Scottis sente vnto vs Iames Leyrmouth maister of his howseholde with letters deuysed in the most pleasant maner offerynge redresse and reformation of al attemptates And yet neuerthelesse at the entre of the sayde Leyrmouth into England a great numbre of the Scottis than not loked for made a forrey into our bourders to the great annoyance of our subiectes and to theyr extreme detriment wherwith and with that vnsemely dissimulation we were not a lyttell moued as reason wolde we shulde And yet dyd ●e not fynally soo extremely persecute and continue our sayde displeasure but that we gaue benigne audience to the sayde Leyrmouth and suffered our selfe to be somewhat altred by his wordes and fayre promyses tendyng to the perswasion that we euer desyred to fynde the kynge of Scottis suche a Nephieu vnto vs as our proximitie of bloude with our gratuitie vnto hym dyd require IN THE meane tyme of these fayre woordes the dedes of the borders were as extreme as myghte be and our subiectes spoyled and in a rode made by syr Robert Bowes for a reuenge therof the same syr Robert Bowes with many other taken prysoners and yet deteyned in Scotlande without puttynge them to fyne and raunsome as hath ben euer accustomed And beinge at the same tyme a surceaunce made on bothe sydes at the suite of the sayde Leyrmouth for a season the Scottis ceassed not to make sundry inuasions into our realme in suche wyse as we were compelled to forgette fayre wordes and onelye to consyder the kyng of Scottes dedes whiche appered vnto vs of that sort as they ought not for our duetie in defence of our subiectes ne coulde not in respecte of our honour he passed ouer vnreformed and therfore put in a redynesse our army as a due meane wherby we myght atteigne suche a peace as for the safegard of our subiectes we be bounde to procure AFTER whiche preparation made and knowlege had therof the kyng of Scottis cessed not to vse his accustomed meane of fayre wordes which in our natural inclination wrought eftsones their accustomed effect euermore desirous to fynd in the king of Scottis such a regard and respect to be declared in dedes as the correspōdence of naturall loue in the Nephieu to suche an Vncle as we haue shewed our selfe towardes hym dothe require Wherfore vpon new request and suite made vnto vs we determined to stay our army at Yorke appoynting the Duke of Norff. our lieutenaunt the lorde priuy seale the byshop of Dureham and the master of our horses there to cōmen treate and conclude with the Ambassadours of Scotlande for an amitie and peax vpon suche conditions as by reason and equitie were indyfferent wherby the warre might be exchued being by sundry inuasion of the Scottis than open and manifest IN THIS communication betwene our and their commissioners after diuers degrees of commission shewed by the Scottis and finally one that was by our commissioners allowed matiers were proponed for conclusion of amitie nothing difficile or hard on our part but so agreable to reason as the commissioners of Scotlande sayd they doubted not but yf it myght ones be broughte to passe that the kynge of Scottis our Nephieu might haue a meting with vs all matiers shulde easyly be componed and determined Whervpon they lefte speakynge of any articles of amitie and the ambassadours of Scotland made moche outward ioy in communication of a metinge they shewed them selfe in wordis facion and behauor moche to delyte in it to reioyce in it and therewith thought it easy and facile to be concluded and accomplysshed and for their parte they toke it then for a thing passed a thing concluded and most certayn to take effect and only desyred .vi. dayes to obteigne answere from their maister and our army for that tyme to stay and go no further Whervnto our commissioners then agreed AFTER THESE syxe dayes was sent a commission out of Scotlande with power to conclude a metynge precisely at suche a place as they knew wel we wolde not ne coulde not in wynter obserue and kepe wherwith whan our cōmissioners were myscontent the ambassadours of Scotland to relieue that displesure and to tempre the matier wherby to winne more tyme shewed forth their instructions wherin liberty was gyuen to the ambassadours to excede their commission in the appoyntment of the place and to consent to any other by our commissioners thought conuenient whiche maner of procedyng when our commissioners refused alledging that they wold not conclude a metynge with men hauynge no commission thervnto the ambassadours of Scotland vpon pretence to send for a more ample and large commission agreable to their instructiōs for appoyntment of the place obteined a delay of other .vi. days to sende for the said ample cōmission without restraynt of place And after those .vi. dayes they brought forthe a newe commission made in a good fourme and without exception But therwith they shewed also newe instructions conteynynge suche a restraynte as the former commission dyd conteyne so as the libertie gyuen to the Commissioners in the commission was nowe at the last remoued and taken away by the instructiōs with addition of a special charge to the ambassadors not to excede the same AND thus fyrste the ambassadours of Scotlande semed to haue wyll and desyre to conclude of a place semely and conuenient whiche for want of commission they myght not do and at the laste myght haue concluded a metynge by vertue of theyr commission and then for feare of the commandement in theyr second instructions they durst not And so they shewed theyr fyrst instructions partly to excuse theyr kynge who shulde seme secretely to wyll more than in the commission he dyd openly professe AND THAN with an ample commission from the kyng they shewed theyr secret instructiōs for defence of them self why they proceded not according to their commission not carynge howe muche they charged therin their kyng whose faulte they disclosed to dyscharge them self trusting that by benefite of the winter approchyng and the tyme lost in theyr communication theyr maister shulde be defended agaynste our power for this yere without doinge for theyr parte that by honour right lawe and leages they be obliged and bounde to do And in this meane tyme oure subiectes taken prisoners in Scotland coulde not be deliuered vpon any ransome contrary to al custome and vsage of the border in the tyme of peax warre and in this meane tyme staied a great part of our army alredy prested and in our wages to go forwarde In this tyme ambassadours as ye haue herde assembled to talke of an amitie and conclude it not The treatyng of amitie was put ouer by communication of a metynge THE cōmunication of metyng was so handled by alteration of commyssion and instructions