Source:Scottish document Foedera, iii, I, 281

Foedera, iii, I, 281 • CDS, iii, no. 1576 • TNA E 39/2/36 • TNA, E 39/2/36
Agreement between the English and Scottish commissioners for the ransom of Sir David de Bruis for 90,000 marks sterling, payable in 9 years, during which time there is to be a truce, including Sir Edward de Balliol and all the other allies and adherents of the K. of England.
Originally written in French 13 July 1354

Translation

This teething, made at Noefchastell on Tyne, the 13th. day of Juyl, the year of Grace mill CCC. cynquant quarter, by between

The honorable pier in God,

the bishop of Durresme,

Sir William de Bohun, count of Northampton & constable of England,

Mr. Gilbert of Umframvyll count of Anegous,

The lords,

of Percy,

and of Nevyll,

Sir William baroun of Graystok, &

Monsieur Henry l'Scroup,

on the one hand;

And the honorable stones in God,

the bishops,

of Seint Andreu, & of Breichyn,

Mr. Patrik de Dumbarre count de la Marche

The Abbot of Dunfermelyn,

Maester Gautier de Mosset archdecan of Lownesse, &

Monsieur Robert d'Erskyn,

on the other hand;

testifies that it is agreed and agreed between the above-mentioned parties, that Mr. David de Brus is frankly delivered and rewarded by a certain sum of money, that is to say, for four vintz and ten thousand marcz d'esterlings, to pay deinz noef anz proschein ensuance the making of theses, by owales pigons, it is to know, ten thousand marks per year, at the festival of the Purification our Lady, or ten fifteen weeks after, the first day of the pay commencing with the Purification our Lady proscheine to come, & issint from year to year, even at the end, as long as the said sum of four vintz & ten thousand marks is paid.

And that the said payment from year to year, at the aforesaid term, be paid in the town of Berwyk on Twede, in case the said town is in the hands of the King of England; & if no, then payment be made to the chastell of Norhame.

And that the payment be made in sterling, or in another mone of the King of England, or in another mone at the value as it is worth in England, and to the one who will be assigned, by the King of England, to receive even the sums.

And as for three knights prisoners, it is known, Mr. Wautier de Halyburton, Mr. David Donand, & Mr. Andreu Cambell, the said lords of England will put their good diligence and assistance, to the end that their ransoms will be included in the above-mentioned sum .

Item, that three things be affirmed and held, by sufficient letters and oaths, between the King of England and all his people, both in England and Scotland, as well as in the Isle of Man, and so says Mr. David of Brus, and all the other gentz of Escöce, and their adherents, by land and by mine, in all places and places, without fraunde or mal engyn, before the said sum is fully paid; & that Monsieur Edward de Baillol, & all others, allies & enherdantz of the King of England, are included in the said threewes.

Item, that all those on one side and the other, during the said threewes, could communicate on the ground and by mother; forpris chastels & enclosed towns & close.

And in the event that no disaster, from one side or the other, by storm or other necessity, is likely to arrive at the gates of England or Escoce, that they can remain there with ease, and their rest take for a time, and freshly out of the said port, where their goods and people, return, without any manner of arrest or impoundment.

And that, during the said three weeks, no country, city, land, burgh, or possession, chastell, shall anyone, of whatever state or condition, be received or priz, of one faith or paes to another, of whatever part it may be, on the day of the making of these ces: &.in case that no country, city, town, land, possession, castle, or person is taken or received, from one faith or paes to another, that full restitution be made, without delay, countredit, or mal engyn, whatever time it is requested.

Item, that no one, on the one hand or other, dwelling in one faith or another, will ransom, no way of ransom will be taken from any man, city, nor pay, if they are not of his faith, against their willful fraunche, by no threat of hardness to waters show or do.

Item, that for the payment of the said sum of money to be made, as above is said, the said Mr. David de Bruys will place hostages; it is to know,

The son & heir the count of Southerland,

The filz & heir to the count of the March,

The heir to the earl of Wygton,

The heir or brother sir William of Conyngham,

The son & heir sir William More,

The son & heir sir David of Graham,

William the son sir William of Levyngiston,

The son and heir sir Robert d'Erskyn,

My son and father, Mr. Thomas Somervyll,

The son and heir sir Johan of Ameliston,

My son and father, Mr. Thomas Bysett,

The son and father of Mr. Andreu of Valence,

My son and father, Mr. Adam de Foulerton,

The son & heir sir Johan Steward of Derneley,

Kyrkpatrik's son Rogier,

One of Johan's sons from Berkeley,

The son & heir Johan Kenedy,

The son & heir Johan Gray,

The son & heir Monsieur David de Wemys, &

The son and heir Williame del Hoy lord of Lochiwart,

The ones who will be held and treated courteously, and at the reasonable expenses of those, who will put them as hostage.

And let the hostage of the Count of the March be held and delivered in the manner that follows; it is to know,

When ten thousand marks of esterlings, of the first payment, are paid, the said account will have its son frankly delivered; & have the said count letters from the King of England, from his Graunt seal, & letters from the prince his son, that the son of the said count is not detained until the said ten thousand marks, of the first payment, are paid, pure no way of cause; & that the son of the said count demoerges the lord of Nevyll, & that the said lord of Nevyll has a special commission from the King of England, for the son of the said count to deliver, the sum of ten thousand marks before said fully pay, sanz no way of delay.

And that, upon the deliverance of the filz & heir of the said count of the Marche, the filz & heir of the seneschall of Escoce will enter as hostage, to be kept as hostage until the second payment of ten thousand marcz of the said ransom is paid; & this payment made that adonqes be it delivered in the manner, as granted is of the delivery of the son & heir the count of the aforesaid March.

And that, upon the deliverance of the son of the seneschall of Escoce, Wautier the son will be held hostage to the said seneschall if he is alive, and if not, another of his sons, and the son and heir formerly monsieur David del Haye constable d'Escoce, or another sufficient auxi.

And, on the delivery of waters, will be put the son & heir of the count of Rosse, if he is old enough to work, or the brother of the said count; &, due to the weakness of the above-mentioned hostages, the said sir David, upon his deliverance, ove the other prelates & grauntz, who will be at his said deliverance, will oblige themselves, by letters & oaths, that they will put in their punishment, without fraud or ill machine, to purchaser the best hostages, filz & heirs of the lords appearing to be the most sufficient that they can find in the land of Escoce, to put in hostage, in exchange for those which are of little value.

And that the other hostages mentioned above can be changed, to have their deport & aes, for others who are also sufficient.

And let the hostages be delivered according to the quantity of payment: it is intended, however, that the hostages which remain, be as sufficient as those which are delivered; took the son to the seneschall of Escoce, and the son to the Count of La Marche.

And, in the event that any of the hostages leaves, by whatever means or color, against the will of their guardian, may the said Mr. David and the other lords of Escoce be held, by their letters and oaths, from him re-enter, without fraud or misuse, and without any delay, do.

Item, that the said Mr. David and the other grauntz of the kingdom of Escoce, as well as bishops and prelates, like other lords of the earth, be obliged, by letters and oaths, in the best manner and manner, as man will know more surely currency by reson, for the said payment to be made in the above-mentioned form, and the three and all other points above-mentioned firmly to be held.

And that the merchants and men of Aberden, Dunde, Perth, and Edenburgh, be obliged in the best manner, which man knows how to exchange, for waters, and for all the other merchants of the kingdom of Escoce, to the said payment made to the above terms.

Item, that, if the said Mr. David and the other lords of Escoce, who will be obliged, fail to pay to any of the above-mentioned terms, that the said Mr. David and the other lords of Escoce be held responsible, by their letters & serenely, to return the body the said sir David, to denz three weeks after failure, in the castle of the town of Berewyk on Twede, in case it is in the hand of our lord the King of England; &, if no one, if he re-enters the castle of Norham, must remain there until the sum of the bankrupt term is paid, without fraud or misuse; & therefore be the hostages delivered.

And as soon as the sum is paid by the bankrupt term, let the said Mr. David deliver, and the hostages return; or, otherwise, that the said Mr. David is required to enter two tales or two barons, of the four barons of two written; that is to say, the seneschall of Escoce, the lord of Douglas, Thomas of Murref, & Johan des Ysles, in force of the hostages, the ones which will remain, where the hostages, as long as the sum of the bankrupt is paid; and this payment made, let the said counts, or barons, be completely delivered.

Item, that none of the hostages be held for any reason, no contract made, but only for the payment of the aforesaid sum, or for the costs, which will be granted and agreed to by those who placed the hostages, and their guardians.

Item, in case any rebels from Escoce are against the said Mr. David, let them not be accepted, maintained, nor supplied by any of the gents who are at the same time the King of England; that no one, who is both the King of England and would like to rise or be rebelled against the said King of England or his ministers, will be received, maintained, supple by the said Mr. David, nor by anyone who is a his faith or legiance.

Item, that the King of England, and the prince his son, and other grauntz of the earth, be obliged, by their letters and oaths, that the hostages will be delivered in the manner as above is said, and all the other points held and keep well and legally, as above said, without fraud or misuse, insofar as it pleases the King of England.

And it is agreed that the lords, on the one hand and on the other, gather at Berwyk on Twede the day after Saint Bertholome, soon to come, for these things to be provided, to others whom the King will assign.

Document

People pages	• William, son of William, 5th Earl of Ross (aft 1350-aft 1357) • David II of Scotland • Edward Balliol • Edward III of England
Related topics	• Timeline of the Earls of Ross

Timeline

Below is a list of events that are evidenced by this source. They should appear in the 'Timeline' section of articles about people and places involved in the events.

• 13 July 1354 - Agreement between the English and Scottish commissioners for the ransom of Sir David de Bruis for 90,000 marks sterling, payable in 9 years, during which time there is to be a truce, including Sir Edward de Balliol and all the other allies and adherents of the K. of England. Twenty hostages to be given for payment, viz., the sons and heirs of the Earls of Sutherland and March, the heir of the Earl of Wigton, the heir or brother of Sir William de Conyngham, the sons and heirs of Sir William More and Sir David de Graham, William son of Sir William de Levyngston, the softs and heirs of Sir Robert de Erskyn, of Sir Thomas Somervylle, of Sir John de Danieliston, of Sir Thomas Bysett, of Sir Andrew de Valence, of Sir Adam de Foulertone, of Sir John Steward of Derneley, and of Sir Roger de Kyrkpatrik ; one of the sons of John de Berkelay,the sons and heirs of John Kenedy, John Gray, of Sir David de Wemys, and of Sir William del Hay lord of Loehorwart. Among the hostages proposed was the son and heir of the Earl of Ross, when he was of an age to travel, or the brother of the said Earl. Newcastle-on-Tyne.
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Source citation

Each of the timeline events displayed above is followed by the reference code for that particular timeline event. This code is not displayed when the timeline event is included in the 'Timeline' section of an article. If an event is discussed within the body of an article, this reference code can be used to cite the source of the timeline event.

Sources

• Bain, Joseph, ed. (1887). Calendar of Documents Relating to Scotland Preserved in Her Majesty's Public Record Office, London. III. A.D. 1307—1357. Edinburgh: H. M. General Register House. p. 288. OCLC 1041664940.
• "French Materials from Foedera". Anglo-Norman Dictionary. Retrieved 26 May 2024.
• Hardy, Thomas Duffus (1869). Syllabus (in English) of the documents relating to England and other kingdoms contained in the collection known as "Rymer's Fœdera". 1. London: Longmans, Green. p. 378. OCLC 555193467. OL 5468143M. ark:ark:/13960/t9668ww6j.