Source:Scottish document RRS, v, no. 342
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| Treaty between Robert K. of Scotland and the commissioners of the K. of England. Perpetual peace; marriage between David, son of the K. of Scotland, and Joan, sister of the K, of England ; restitution by the K. of England of all deeds touching the subjection of Scotland to him ; payment by the K. of Scotland of 20,000l. st. to the K. of England, in three years ; and other articles. | |
| Originally written in French 17 March 1328 | |
Translation
PRIMARILY that bone peace, final & perpetual be between the said Kings, our heirs & successors & our kings & lands, & between our sutzmis & poeples on the one hand & the other, according to the form that follows.
And at the seance & affermanence of this peace is crowned & agreed, that between David fitz eisne & heir the said King of Scotland, & Johane soer of the previously said King of England, that one is of such tender age that they cannot contract matrimony make, marriage face to face sooner than duly can be done.
And at the session of the said marriage, an oath is taken in the souls of the said Kings by the persons of the outznomeetz, and of the prelates and other grauntz of the of Scotland kingdom.
And that the said King of Scotland must give and assign to the said Johane, in all agreeable terms within his kingdom of Scotland, two thousand livereez of land and rent per year per reasonable extent, to see ove feetz chiualers, we avoes churches, and all others franchises apartenauntes to this land, at the end of life the said Johane: save to the said King of Scotland, his heirs & his successors, let us have abbeys, priories & hospitals, & the rights of his crown. Issint that if the said David after the said matrimony done, becomes alive the said Johane, that even the two thousand livereez of land where the said apartenauntes, emerge to the said Johane at the end of his life as noun of dowere, if that it does not can ask for other dowere. And that from this doun & assignment the lauded King of Scotland lasted his general letters patent; and before the feast of the Ascension, a close one to come, ferra issint extend this land in the presence of those whom the said King of England wishes for his said sister to this deputy. And after this extent is done, the said King of Scotland will make his charters before the said feast of extended plots & duly name, for the end of life the said Johane; and deliver even the Chartres, and the seisin of the said lands to the said delegates by the said King of England.
And if in any case God does his will for the said Johane before the said marriage is confirmed or accomplished, that adunqes the said King of England, his heirs or his successors, have the marriage the said David for another closer and convenient to their soul ; and that to whom he was to be married, and the said two thousand livereez of land at the end of his life in noun of dowere, in the above-mentioned form.
And if in any case GOD makes his will of the said David before the said marriage is confirmed or accomplished, that adunqes the said King England, his heirs or his successors, are marriage of the heir masle close to the before said King of Scotland for the said Johane, if the lei de seinte ecglise le seofre, wherever the Pope wills and wishes to do by dispensation. And in this case, the so-called Kings, their heirs and successors, joyfully worked for this dispensation to be carried out. And if this cannot be done in the person of the said Johane for no reason; that adunqes this marriage be made in another of the sauna of the said King of England closer and more convenient.
Item, It is agreed that the said Johane will sell in Scotland at Berwyk on Twede, the fifteenth day of the month of July in the near future, and illoqes will be bailed to the said King of Scotland, or to the one or those who will sell through him.
Item, It is crowned & matched, in case GOD does his will of the said David before the marriage is firmed or accomplished; that the said Johane without disturbance and entrapment, can leave and return to the said King of England his brother, according to which he will cry to the said King his brother and to him: if so naive that she is pregnant, in which case she will not pass outside the kingdom sauna leave of the King & the barnage.
Item, It is established and agreed that the said Kings, our heirs and successors, will be good friends and allies, and that some will help others suitably as good allies; saves through the said King of Scotland the alliance made between him and the King of France. I believe that the said King of Scotland, his heirs or his successors, by reason of the said alliance, or by any other cause, in the face of war against the said King England, his heirs or his successors; that the said King of England, his heirs and his successors can wage war against the said King of Scotland, his heirs and his successors, deny the peace that is made between waters, even if it is contained.
Item, It is stated and agreed that if no war levy in Ireland, including the said King of England, his heirs or his successors, that the former King of Scotland, his heirs and his successors, will assist in the said enemies of the said King of England. Auxint is it crowned and corded, that if no one raises war against the said King of Scotland, his heirs or his successors, in the Isle of Manne, or the other islands of Scotland; that the said King of England, his heirs and his successors, would not help the said enemies.
Item, It is hereby granted that everything in writing, obligations, instruments, and other muniments affect the subjeccioun of the gentz or of the land of Scotland to the King of England, which are adnulletz and undone by letters the said King of England, and all others instruments and privileges to respect the of Scotland franchise which may have been found in good faith towards the said King of England, be returned and restored to the said King of Scotland, as soon as they present in good faith, according to what they are found to be. Issint that this delivered is made indenture of chescun writing, obligation, instrument, & muniment that this delivered shall be.
Furthermore it is established and agreed, that in the event that the said letter of the said King of England, by which the said escripts, obligaciouns, instrumentz, & muniments are undone & adnuletz must be null and restored to the said King of England, that adunqes all written , obligaciouns, instrumentz, & munimentz ensi deliver to the said King of Scotland by indenture; be restored and rebledged to the said King of England, his heirs or his successors, without countredit of the said King of Scotland, his heirs or his successors.
Item, It is stated and agreed that the said King of England will in good faith take charge of the trials, if none are made in the court of Rome & henceforth, by authority our father the Pope counts the said King of Scotland, his kingdom & his deputies , clerz or lay, be reminded of their effect. And to do and accomplish this he will send his special letters of prayer to the Pope & his cardinals.
Item, Trete agrees that the said King of Scotland, prelatz, and other grauntz of his kingdom, be obliged to the said King of England in twenty thousand pounds sterling, to be paid in three years at three terms at Twedemouth; and this payment is intended to be submitted to the jurisdictioun of the chamber of the Pope, if in the letters patent of the said King of Scotland & of the other prelates & grants of his kingdom & public instrument of this fact, is fully contained; deny the said messages and procurations of the said King England, in none of him are intended and grieved for certain reasons, that no execution, condemnation, denunciacioun is faced by any judge of the chamber the Pope, counting the said King of Scotland, neither the others oblige, at the end of two months after failure of the said three terms.
Item, It is crowned and agreed, that the leis of the markets between the said kings be well guarded; & that right & justice be made of the trespasses that surpass on the one hand & on the other; and if by case a fault is found in the laws of the market, or a silent debate that cannot be ended by the ministers of the Kings, be reported as said Kings; and by them and their councils, or those whom they wish to depute on the one hand and on the other, be restored and amended.
Item, The said messages & procures have been given & taken in good faith in the name of the said King of England, that all things overwritten & overwritten by his letters patent sealed with his seal, for him, his heirs, successors, & overbacks, will be ratified, will approve & confirm, & the said letters will be sent to Scotland, & deny the Ascension in the near future to the mayor of Berwyk will deliver them.
And it is the letter of the said King of Scotland, and of the advance said messages and procured by the said King of England, that by the thirteen that no harm should be done to the right of this church in one kingdom or in the other.
And on the occasion of the said marriage to Monsignor Hughe counte de Ros, in the presence of the said King of Scotland & by special command from him, & in his soul, & to be kept, held & accomplished in good faith without coming to the meeting, all the the above-mentioned things and none of these, if ad Monseur Robert de Lawedre justice of Loeneys in the presence of even this King of Scotland & by special command of him, & in his soul, make oaths as the best evangelies. And on the subject of the said marriage, & to be kept, held & accomplished in good faith without coming to the account of all the above-mentioned things & chescone of them, if ad the said Monseur Henri de Percy in noun of the said King of England, & by special poer from him and in his soul, swore an oath to all the gospels.
And we Robert, by the grace of GOD, King of Scotland, all the things above-mentioned have shown us & chescone of iceles, agreoms, ratesfioms & approvals for us & for our heirs & our successors, & for our soutzmis saunz come jammes al encounter.
In testimony of these things, to one part of this enduring bond towards the said messages & procuring, we have put our seal: and we have given messages & procuring to the other part of the same bond continuing towards the said King of Scotland, have put our seals.
Don' at Edinburgh, the dys & seventh day of Marz, the year of Grace thousand three hundred vynt & seventh aforesaid.Document
| Printed sources | • Regesta Regum Scottorum (vol. 5) • Foedera Syllabus (vol. 1) |
|---|---|
| People of Medieval Scotland database | |
| Source number | 10154 (link to database entry) |
| Title | Document 1/53/390 (RRS, v, no. 342) |
| Description | Indenture of treaty with Edward III, with provision for peace, the marriage of David (de Bruce) with Johanna sister to Edward III, an income for Johanna, the death of David or Johanna before their marriage, the Scottish alliance with France, rebellion in Ireland or the Isle of Man, the handing over of documents to Scotland, the process against King Robert at the papal court, the penalties for non-payment the sum due to England under the treaty, the laws of the marches, and the confirmation of this treaty. |
| Firm date | 17 March 1328 |
| Dating notes | 17 March, AD 1327 |
| Place date (modern) | Edinburgh |
| Place date (document) | Edinburgh |
| Source for data entry | RRS, v, no. 342 |
| Traditional ID | RRS, v, no. 342 |
| Calendar number | 1/53/390 |
| Charter type | Indenture |
| Language | French |
| Original (contemporary) | yes |
| Notes | APS, i, 484, no. 19; Nat. MSS Scot., ii, no. XXVI; Foedera, ii, 734-5. |
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Sources
- Beam, Amanda; Bradley, John; Broun, Dauvit; Davies, John Reuben; Hammond, Matthew; Jakeman, Neil; Pasin, Michele; Taylor, Alice; (with others). (2019). People of Medieval Scotland: 1093–1371. Glasgow and London.
- 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. 246. OCLC 555193467. OL 5468143M. ark:ark:/13960/t9668ww6j.