Source:Scottish document Foedera, iii, I, 372

Foedera, iii, I, 372 • CDS, iii, no. 1657 • TNA E 39/36 • TNA, E 39/36
Indenture attesting the treaty concluded at Berwick between the English and Scottish Ambassadors for the ransom of K. David for 100,000 marks, payable in 10 years, during which time there is to be a truce, including Sir Edward de Balliol, John of the Isles, and all other adherents of England.
Originally written in Latin 3 Oct 1357

Translation

This teething, made at Berwyk on Twede on the third day of October, in the year of Grace mille trescentz fifty seven, by the way,

The honorable fathers in GOD,

Johan archbishop of Everwyk, primate of England,

Thomas Bishop of Durham,

Gilbert Bishop of Kardole,

And, Noble men,

Sirs Henry de Percy,

Rauf de Nevyle,

Henry Scrope,

and Thomas de Musgrave,

messengers & deputy on the one hand, the noble Prince Edward, King of England & France, on the one hand; And, honorable fathers in GOD,

William Bishop of Seint Andreu,

Thomas Bishop of Catness,

Patrik Bishop of Brechin, Chaunceler of Escoce,

And, Noble men,

Patrik counte de la Marche,

Robert of Irskyn,

and William de Levyngston, knights,

Messengers & deputy, by Mr. Robert Seneschall, gardein d'Escoce, prelatz, lords, & the communes of Escoce, on the other hand:

Testify that strength and agreement is between the said parties, that the noble prince, Sir David Roy d'Escoce be frankly released from the prisoner, and ransomed for a certain sum of money, on the conditions, and in the manner that he then, it is knowing;

For one hundred thousand marks of sterling, to be paid within ten years close to the weight of the cestes per porion; it is knowledge;

The said Mr. Marcz, of first payment, has the feast of the Nativity of Saint John the Baptist, near future;

And others ten M. marcz at the feast of the Nativity of Saint Johan the Baptist, therefore attending closely;

And from year to year, says Mr. Marz, even on the feast of the Nativity of Saint Johan, while the said sum of one hundred million Mr. Marz is fully paid.

And it is agreed that the payments will be made to the one who will be assigned from the King of England by letters under his great seal, this is known;

At Berwyk on Twede, if Berwyk is in the province of the King of England, and, if not, in Norham, or, in case it pleases the King of England, let the payments be made at Banburgh, then they will be made illegally ;

And in this case the King of England will lead him to those of Escoce, who will sell for the said payment to be made, of the march of England, even at the place of Banburgh, for his subgitz & enherdantz, & for all others the Escoces esterount at their peril;

And, in the event that the Escorts wish to make any payments in London, they will be accepted, and the payments will be made in sterling, or in other money of the King of England, or in other money of gold or silver, at the value as it is in England.

Item, that three things be affirmed & held by sufficient security of letters & oaths by between the King of England & all his people, whether in England & in Escoce, as in the Isle of Manne, & the King of Escoce, & all the other gentz of Escoce, & their inheritance, by land & by mother, & all places & places without fraud, or evil engyne, as long as the said sum is fully paid;

And that Sir Edward de Balliol, & Johan des Yles, & all other allies & enherdantz of the King of England are included in the said three.

Item, that during the said threewes, all those, from one side to the other, can communicate by land and by mother, forpris chastelx, towns, closed and closed.

And, in the event that no ship, from one side or the other, by storm, or by other necessity, is able to arrive in ships from the ports of England, or from Escoce, that they can arrive there with ease, remain, and rest for them, and refuel them for a suitable time, however long it may be, and freshly outside the said port, where their goods and gentlemen return, without any means of arrest, or impediment.

And if, during the said three times, no country, city, town, land, possession, castle, or person is taken or received from one faith or from the other, that full restitution be made without delay, contradiction or male engyn , whatever time it is requested, & ceo denote the three weeks after the time the request is made.

Item, that no one on the one hand, nor on the other, residing there of one faith or the other, will ransom, no way of ransom will be taken from any house, city, or country, if they are not of his faith, against their frantic will, by no trick, can they show, or do.

Item, for the payment of the said sum of money to make sicome above is said, the King of Escoce will put vynt hostages; it is to know,

Johan Seneschal, son & heir Sir Robert seneschal d'Escoce,

William, son & heir the count of Rosse,

Johan, son & heir the count of Sothirlande,

Thomas Flemyng, heir to the earl of Wygton,

Reynaud, son & heir Sir William More,

Patrik, son & heir Sir David de Graham,

Robert, son of Sir William of Cuningham,

William, son of Sir Thomas Byset,

Robert, son & heir Sir Johan Stiward of Derneley,

Patrik, son of Sir William of Levyngston,

Thomas, son of Sir Robert of Irskyne,

William, son & heir Sir Thomas de Somervyle,

Robert, son & heir Sir Johan de Danielston,

David, son & heir monsieur David de Wemys,

Johan, son & heir monsieur Andreu de Valens,

Umfrei, son & heir Roger de Kirkpatrik,

Gilbert, son & heir Johan Kenedy,

Thomas, son & heir William de Hay de Lochorward,

Johan, son of Johan de Berklay,

Johan, son & heir Johan Gray.

Item, is agreed, for the weakness of the said hostages, that in support of them, on the deliverance of the said King of Escoce, that three of the lords of six writings; it is to know,

The Seneschal of Escoce,

The counts

of the March,

of Marre

of Rosse,

of Angus,

and of from Sotherlande,

The lord of Douglas,

and Thomas de Murreve,

will enter for him as a host;

And the three of the above-mentioned lords will live as hostages in England, where he will pray to the King, while other three of the same lords live in England, to make an exchange, to remain hostages in their place; it is desired, however, that three of the said lords be in England, in the manner stated, in support of the said hostages, as long as the said sum of one hundred' Mr. Marz is fully paid.

And, jademeyns, the said King of Escoce, to his deliverance, & the other prelates, & grantz; it is to know,

William Bishop of Seint Andreu,

Thomas Bishop of Catness,

Patrik Bishop of Brechin,

Mr Patrik count de la Marche,

Thomas count of Angus,

Mr. William Count of Sothirlande,

Thomas of Murreve.

Mr James of Lyndesey,

Mr David de Grahame,

Mr Robert de Irskyn,

Mr William of Levyngston,

Mr David de Wemys,

Roger of Kirkpatrik,

Mr. Thomas Biset,

Mr. William de Vaus,

and Mr. William de Ramesey,

Present to his said deliverance, where they swear, and are obliged by their letters and oath, that they will put, without fraud, or mal engine, the best hostages, fitz and heirs of the lords appearing, moreover sufficientz that they will be able to find in the land of Escoce, from time to time, in exchange for those who are of me less esteem.

And that the other above-mentioned hostages may be changed, to have their deport & ese, for others also sufficient; It is desired, however, that the hostages which remain shall be as sufficient as those which will be delivered in one person, or in several persons.

And, in the event that any of the hostages leaves, by whatever means or color, depending on the will of his guardian, may the said King of Escoce, and the other lords of Escoce be held, by their said serementz, to return to him without fraud, or bad pregnancy, and without any delay, and then dedicate the three weeks immediately afterward.

Item, is agreed in the event of default in payment, at any of the said terms, that the said King of Escoce, unless otherwise requested or delayed, will sell in England, and will surrender to the prison of the King of England, dedenze the castle of Noef Chastell sur Tyne, dedenz the three weeks close to the said bankrupt term, to remain prisoner until the payment of the arrears is perfect; remain hostages all day, as before, ov which the reinforcements of the lords as above is said.

And, in the event that the King of Escoce does not come to return the prisoner, as is said above, for any resonable diversion, in the event of such failure of payments, he will send, in his place, to deny the said time of three weeks, two counts of auncestria, or two of three lords of Escoce; it is to know,

The seneschall of Escoce,

The lord of Douglas,

Thomas of Murreve,

Unless they are transferred to England in the above-mentioned form, to remain in England with the other hostages and conditions mentioned above, as long as full payment is made of all arrears;

Or that, ceasing the said distraction, the said King of Escoce personally returns to the said prison; that the thing is taken care of by his surety now, ceasing the said to distract, and it will be done from time to time, at whatever time that no default is of no payments;

And, the payment is made in full of the said arrears, if the King of Escoce, or the other lords, who will come to his place for the said default, will be able to return to his country without arrest, or any other offense to have for other cause; remain forever the hostages, and the other reinforcements as before is said.

Document

People pages	• William, son of William, 5th Earl of Ross (aft 1350-aft 1357) • David II of Scotland
Related documents	• Foedera
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.

• 3 Oct 1357 - Indenture attesting the treaty concluded at Berwick between the English and Scottish Ambassadors for the ransom of K. David for 100,000 marks, payable in 10 years, during which time there is to be a truce, including Sir Edward de Balliol, John of the Isles, and all other adherents of England.

Johan Seneschal, son & heir Mister 'Robert Seneschal of Scotland.

William, son & heir of the Count de Rosse,

Johan, son & heir of the Count de Sotherlande,

Thomas Flemnig, heir au Count de Wygton,

Reynaud, son & heir Mister William More,

Patrik, son & heir Mister David de Graham,

Robert, son Mister William de Caningham,

William, son Mister Thomas Byset,

Robert, son & heir Mister Johan Stiward de Derneley,

Patrik, son Mister William de Levyngston,

Thomas, son Mister Robert d'Irskyn,

William, son & heir Mister Thomas de Somervyle,

Robert, son & heir Mister Johan de Danielston,

David, son & heir Mister David de Wemys,

Johan, son & heir Mister Andreu de Valens,

Umfrei, son & heir Roger de Kyrkpatrik,

Johan, son & heir Johan Kenedy,

Thomas, son & heir William de Hay de Locherward,

Johan, son Johan de Berklay,

Johan, son & heir Johan de Gray.
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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. 305. OCLC 1041664940.
• 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. 392. OCLC 555193467. OL 5468143M. ark:ark:/13960/t9668ww6j.