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Source:Scottish document Foedera, ii, II, 741

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Ratification by the K. of England of the obligation of the K. of Scotland to pay 100,000l. for the K.'s renunciation of his rights in Scotland, and for the marriage between prince David and the K.'s sister.
Originally written in French 4 May 1328

Translation

Edward, by the grace of GOD, King of England, Lord Dirlaunde, & Dukes Daquitayne, to all who these letters will see or hear, salute.

Know that we have seen and looked at the letters patent entered into, made between the most excellent prince Robert Roi of Scotland, on the one hand, & our messages & procurators sutzescritz, on the other hand, in the form which follows

CONVENIENCE be it to all those whom these letters will see, that on the seventh day of Martz, the year of grace one thousand three hundred came to septism, according to the course of the Church of England, between the most excellent Prince Robert, by the grace of GOD, King of Scotland on the one hand, & the honorable stones in GOD, Henri, by the service of GOD Bishop of Nicole, William, by the same service Bishop of Norwytz, Henri of Percy, William la Zousche of Assheby, & Geffrei Lescrope, messages & procured by especial commission of very excellent prince Edward, by the grace of GOD, King of England, lord Dirlaunde, & dukes Daquitaine, to be established on the final terms, & at the said terms to lease & secure between the said King of England, & the vandit King of Scotland, on wars moved between the kings of England and of Scotland on the other hand, trettez & acordeez were the things written, in the form written, this was to save

Firstly, that bone peace, final & perpetual be between the said Kings, our heirs & successors, & our kings, & lands & between our souzmis & poeples on the one hand & the other, according to the form which follows

And to the seurance & affermanence of this peace, is trette & acorde, that between David fitz eisne & heir the said King of Scotland, & Johane soer of the previously said King England, that one qore are of so tender age, that they cannot contract of matrimony do , marriage is faced 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 two nominees, 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 their covenz deinz his kingdom of Scotland, two thousand livereez of land and rent per year per responsible extent, to have ove fez chivalers, we avoes churches, and all others franchises belonging to this land, at the end of life the so-called Johane; save the said King of Scotland, his heirs and his successors, let us have abbeys, priories, and hospitals, and 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 apurtenants, emerge to the said Johane at the end of his life as noun of dowere, if that ele cannot ask for another dowere. And that tiel doun & assignment the aforementioned King of Scotland lasted his general letters patent; and before the Ascension Festival in the near future, it will be extended to 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 the 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 deputies 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 according to the said King England, his heirs or his successors, have the marriage the said David as closer and more convenient to their saunk ; and this one to whom he will 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 does his will for the said David before the said marriage is confirmed or accomplished, which adonqes the said King England, his heirs or his successors, have the marriage of the heir male close to the before said King of Scotland, for the said Johane, if the law of seinte church soefre, or what the Pope can and will do by dispensation. And in this case, the said Kings, their heirs and successors, joyfully worked for this dispensation to pursue. And if this cannot be done in the person of the said Johane for any reason, let this marriage be made wherever else the saunk of the said King of England is closer and more convenient.

Item, It is agreed that the said Johane will sell in Scotland to Berewyk on Twede, the fifteenth day of July in the near future, and illoeqes will be released to the said King of Scotland, or to this or those who will sell by ly.

Item, It is established and agreed, that in the event that GOD does his will of the said David before the marriage is firmed or accomplished, that the said Johane without disruption and impediment, can return to the said King of England his brother, according to what he will pray to the said King his brother & to him; if so unfortunate that she is pregnant, in which case she will not pass outside the kingdom, without leave of the King and the barnage.

Item, It is established and agreed that the said Kings, their heirs and successors, will be good friends and loyal allies, and that some will help others suitably as good allies; saves from the said King of Scotland the alliance made between him and the King of France. My truth is 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 of England, his heirs or his successors, that the said King of England, his heirs and his successors, can war against the aforementioned King of Scotland, his heirs and his successors, deny contradicting the peace that is made between them, anything that is contained.

Item, It is declared and agreed that if no one waging war in Ireland against the said King of England, his heirs or his successors, that the said King of Scotland, his heirs and his successors, will not help the enemies of the said King of England. Auxint is it crowned and agreed if no one raises war against the aforementioned King of Scotland, his heirs or his successors, in the Isle of Manne, or the other of Scotland islands; that the said King of England, his heirs and his successors, will not help them to the said enemies.

Item, It is stated & agreed that all write, obligacions, instruments, & other muniments touch the subjection of the gentz or of the land of Scotland, to King of England, which are adnullated & undone by the letters the said King of England, & all others instrument and privileges to sing the French of Scotland, which can be found in good faith towards the said King of England; be returned and restored to the aforementioned King of Scotland, the sooner they will bear well, according to what they find; Issint that this delivery is made in writing in writing, obligation, instrument, & muniment, that this delivery will be tightened.

Auxint is it confirmed & agreed, that in case the said letter of the said King England, by which the said writings, obligations, instruments, & muniments, are undone & annulled must be void & restored to the said King England, which all adonqes write, obligacions, instruments, & munimentz, if you deliver to the said of Scotland by indenture, be restored & rebledged to the said King of England, his heirs or his successors, unless contradicted by the said King of Scotland, his heirs or his successors.

Item, It is stated and agreed that the said King of England will decide in good faith that the trials, if any be made in the court of Rome & elsewhere, by authority ours seist the Pope, against the said King of Scotland, his kingdom & his souzmis, clerics or lay people, be repelled oveqe their effect. And to do and accomplish this, he will send his special letters of prayer to the Pope and his cardinals.

Item, Tretee is agreed that the said King of Scotland, prelate, and other grauntz of his kingdom, be obliged to the said King England in five thousand sterling liveries, to pay in three years at three terms at Twedmouth; & of this payment is intended to have submitted to the jurisdiction of the chamber the Pope, as in the letters patent of the said King of Scotland, & of the other prelatz & grauntz of his kingdom, & public instrument of this fact, is fully contained; However, the said messages and procurations of the said King of England, in noun of them are intended and grieved for certain reasons, that no execution, condemnation, no denunciation, is faced by any judge of the chamber the Pope, against the said King of Scotland, does not others oblige at the end of two months after failure of the said three terms.

Item, It is established and agreed that the laws of the markets between the said kingdoms be well guarded, and that right and justice be made of things that will be deafening on one side and the other. And if by case a fault is found in the laws of the market, or a silent debate which cannot be ended by the ministers of the Kings, be reported to the said Kings, and by them and their councils or those whom they wish to depute on one side and on the other, be straightened & amended.

Item, The said messages & procures have been premised & entered into in good faith in the name of the said King of England, which all the things hereinabove & subscribed by his letters patent sealed with his seal, for him, his heirs, successors, & suzmis, will satisfy, approve, & confirm, & the said letters in Scotland will send, & deinz the Ascension in the near future, to the friend of Berewyk will deliver them.

And it is understood from the said King of Scotland, and from the preceding said messages and procured the said King of England, that by the tretitz that there is no way of prejudice being done to the right of this church in one kingdom or in the other.

And on the performance of the said marriage ad monger Hughe counte de Ros, in the presence of the said King of Scotland, & by special command of him, & in his alme; & to keep, hold, & accomplish in good faith without coming against, all the above-mentioned things & none of them, if ad monseur Robert de Lawedre, justice of Loeneys, in the very presence of this King of Scotland, & by special command of him , and in his soul, take an oath as to the Gospels. And on the subject of the said marriage, & to be kept, held & accomplished in good faith without coming against all the above-mentioned things & chesc one of them, if ad the said Monseur Henri de Percy as noun of the said King of England, & by special poer of ly & in his soul, made an oath as the gospels.

And we Robert, by the grace of GOD, King of Scotland, show all the things above written to us, & chescun de iceles, agreoms, ratesfioms, & approvoms, for us & for our heirs & our successors, & for our souzmis, without coming jammes against.

In testimony to these two things, to one part of this continuing relationship towards the said messages and procured, we have placed our seal; & we forwarded messages & procured to the other part of the same demorant relationship towards the said King of Scotland, having put our seals.

Don' at Edinburgh, the dis-septism day of Martz, the year of Grace one thousand three hundred came and septism aforesaid.

We all the above-mentioned things and none of these agreements, approvals, and approvals, for us and for our heirs and our successors, and for our followers, without ever coming to the contrary.

Done at Norhampton, on the fourth day of May, the year of our second reign.

Per ipsum Regem, & totum consilium.

Document

Printed sources Foedera Syllabus (vol. 1)

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Discussion

  • 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. OCLC 555193467. OL 5468143M. ark:ark:/13960/t9668ww6j.

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