Life of Sir William Wallace of Elderslie, Vol. 1 (of 2)Carrick, John D. (John Donald)
History
Life of Sir William Wallace of Elderslie, Vol. 1 (of 2)
Carrick, John D. (John Donald)
Wallace, William, Sir, -1305
“Moreover, we have granted to him an acquittance of all obligations
which our father _extorted from him by new instruments, in consequence
of his captivity_; under this condition always, that he shall
completely and fully perform to us whatever his brother Malcolm, King
of Scotland, of right performed, or ought of right to have performed,
to our predecessors.”[29] “Richard,” says Lord Hailes, “also ordained
the boundaries of the two kingdoms to be re-established as they had
been at the captivity of William.” He calls them, “the marches of the
kingdom of Scotland, (_marchiæ regni Scotiæ_.”)
“He became bound to put William in full possession of all his fees in
the earldom of Huntingdon or elsewhere, (_et in omnibus aliis_), under
the same conditions as heretofore.”
“He delivered up all such of the evidences of the homage done to Henry
II. by the barons and clergy of Scotland, as were in his possession,
and he declared, that all evidences of that homage, whether delivered
up or not, should be held as cancelled.”
“The price which William agreed to pay for this ample restitution, was
ten thousand merks sterling.”
It is with difficulty a smile can be suppressed when we find, even in
the 19th century, an author of such learning and talents as Dr Lingard,
endeavouring to fritter away the meaning and import of the above
deed of restitution, by such fallacious reasoning as the following:
“The King’s” (Richard I.) “CHARTER to the King of Scots may be seen
in Rymer, i. 64. It is NOT, as sometimes has been supposed, a FORMAL
RECOGNITION OF THE INDEPENDENCE OF SCOTLAND, but a recognition, on
the part of Richard, of all those RIGHTS which Henry had extorted
from William for his RANSOM. In lieu of them he received ten thousand
pounds, probably the sum which William would have given to Henry. The
respective rights of the two crowns, are now replaced on the same
footing as formerly. William was to do to Richard whatever Malcolm
ought to have done to Richard’s predecessors, and Richard was to do
to William whatever _they_ ought to have done to Malcolm, according
to an award to be given by eight barons, to be equally chosen by the
two Kings. Moreover, William was to possess in England the lands which
Malcolm had possessed: and to become the liegeman of Richard for all
lands for which his predecessors had been the liegemen of the English
Kings. The award was afterwards given, by which it appears that the
words _libertates_, _dignitates_, _honores_, _debiti_, &c. mean the
allowances to be made, and the honours to be shewn, to the King of
Scots, as often as he came to the English court by the command of his
lord the English King, from the moment that he crossed the borders
till his return into his own territories, Rym. i. 87. This will explain
the clause of _Salvis dignitatibus suis_, in the oath taken by the
Scottish Kings, which some writers have ERRONEOUSLY CONCEIVED TO MEAN,
SAVING THE INDEPENDENCE OF THEIR CROWN.”[30] If William was already
Public-domain text, read in full here on John Shaqi.
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