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slain at the battle of Bannock' Burn on 24th of June 1314,
where fell on that day, say the Scots Historians, 50,000
English. This much, however *, we may believe of the
traditions of this country, that it was so much depopulated,
that the men left were not suffered to sleep more than two
nights with one woman, but went from house to house to raise
seed in the land.
The advantage gained by the Scots there, and shortly after,
made them claim an equal right with the Kings of England to
appoint governors of the marches; but I do not find they
obtained it till the beginning of the reign of Richard the
II. when it was settled each to choose one, viz. Henry Percy
Earl of Northumberland on the part of the King of England,
and Archibald Douglas Lord of Galway on the part of
Scotland. The messages which past between these two Wardens
before their meeting is no ways interesting, but a fulsome
ceremony, for which (see Nicholson and Burn's Westmorland,
p.24.)
After the meeting of the said Earls Percy and Douglas, the
following indenture was made, in which he is called only
Lord of Galway, but the Scots historians call him Earl
Douglas.
'Yis endenture, made at ye water of Eske, besid Salem, ye xv
day of Marcz ye zher of our Lord i/m ccc xx/iiii and iiii.
betwixt noble lardes and meghty Siris Henry Percy Erle of
Northumbr' of the ta part, and Archibald of Douglas Lord of
Galway on ye tayir parte, conteneys and berres witnes, that
day of radress sal be halden betwixt yem in propre persons,
at the place beforesaide, ye xix day of Averil next for to
cumme, wht ye continuation of days, for to do and tak full
radress and execution of all things don betwixt yair boundes
apan the west marche, begynande ye xiiii day of Octobr to
Candlemas day last passyt: And yan it fell in speech betwixt
the forsayd Lords, that in entent of common profit of bathe
reaumes gif hit meght happen of langer trewes, or els of
pees (gif God vald vouche saufe,) and also, for the time is
to schort to make full redrass beforsayd, the forsayd Lords
are accordit in specialite, as after folowes: yat is for to
say, the Erle of Northumbr for him and for the Lord Nevill,
and the Lord of Galway for the Erle of Douglas and for
himself, yat special and assurance sall be betwixt thaim and
thair boundes, betwixt this and the first day of July next
for to come, contenant and hav and the force and effect in
all poyntez as the next trew gangand before. Als it is
accordit, that durant the tyme beforesayd nane of the Lords
beforesayd, ne nane of their boundes, sal do skaithe to the
of tha boundes of the tothir partie; bot the sal ger it be
redressit, als lawe of marche will enterchaungeably. And gif
it happins that any gretter awir of the ta reaume, or of the
tothir, schapes for to wht Ofte, ilken of the Lords
beforsayd, enterchaugeably sall set let thairin at thair
powar; and in cas tha ma noght let it, thai ger warne the
tother part of xv days, and thai sall noght be at that
rydyng, but thay sall lely thaim of thair boundes at thair
power, for owten fraude or gile. And also it is accordit,
that this condition of speciall trewe and assurance sall
stand and be ephit fullely by see als well as for theis
boundes be lande, as the trewes beforesayd askys. And also
it is accordit, that giff hir specialx trewes likes to the
Erle of the marche to be compriset whtin, thanne that thei
sall stand furght for hym and his boundes, and he sall stand
for hym and his boundes under the samen condition anentys
thaim and thair boundes. And giff thir covenantez beforesayd
likis or mislikis to the forsayd Erle of Northumbr', or to
the Lord Nevill, they sall certifie be thair letters, or be
on of thaires, upon black Monday that next commis, before
none, at the chapel of Salom, be the water of Eske; and in
the samen manere gif it likis or mislikis to the Erle of
Douglas or to the Lord of Galway, thai or ane of thaim sall
certfie be letter, at the place, day, and oure, beforesaid.
And in case giff thai certifie that this specialtie stand,
that that day that chuld be halden xix day of Averil chall
be chot to the xv day of May next to cumme, to be halden
inall force and effect as the xix day of Averil; and the day
on the east march sall be delayd in the samen manner as it
is indentil to be halden the xxix day of May. And also it is
accordit, that all prisoners taken on both the sidis sall be
freely delivered, and all their bows frethit. Also it is
accordit, gif ony stellis, authir on the ta part or the
tothyr, that he sall be hengot or heofdit, and the remnant
sall restore the gudys stollen in the double. In the wittnes
of the wische thinges, lely to be halden and fullfillyt, the
foresayd Erle of Northumbr' and the Lord of Galway hath sett
their signetts enterchangeably in absens of thair selles,
day and the yer beforesayd."
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