King Henry VIII. appears to have been willing to give the prisoners every chance, for he sent some members of his Council, with the Bishop of Winchester, to parley with them. The bishop, according to Hall, "rehearsed to them, whereas peace was yet between England and Scotland, that they, contrary to that, as thieves and pirates, had robbed the king's subjects within his streams, therefore they had deserved to die by the law, and to be hanged at the low-water mark. Then said the Scots, we knowledge our offence, and ask mercy, and not the law. Then a priest which was also a prisoner, said, My lords, we appeal from the king's justice to his mercy. Then the bishop asked him, if he was authorised by them to say so, and they cried all, Yea, yea; then said he, You shall find the king's mercy above his justice; for where you were dead by law, yet by his mercy he will revive you; wherefore you shall depart out of this realm within twenty days, upon pain of death, if you be found after the twenty days; and pray for the king; and so they passed into their country." Thus far Edward Hall; Buchanan says: "They who were not killed in the fight were thrown into prison at London; from whence they were brought to the king, and, humbly begging their lives of him, as they were instructed to do by the English, he, in a proud ostentation of his great clemency, dismissed, and sent the poor innocent souls away." When James remonstrated, demanding redress for the death of Andrew Barton and his comrades, and the capture of their ships, Henry replied that the doing of justice upon a pirate was no occasion for a breach of friendly relations between two princes. "This answer," says Buchanan, "showed the spite of one that was willing to excuse a plain murder, and seemed as if he had sought an occasion of war." This incident was celebrated in verse, not immediately afterwards, but in the reign of Elizabeth. The "Ballad of Sir Andrew Barton" gives a most circumstantial account of the fight, introducing many details which are probably fictitious, and confusing the identity of the Howards who took part in it. According to the writer, Lord _Charles_ Howard was the hero of the occasion; but there does not happen to have been any such person to the fore at that time, the conqueror of the Spanish Armada--Charles Howard, Lord Effingham, afterwards created Earl of Nottingham--not having been born until five-and-twenty years later. Probably the ballad was written after 1588--the Armada year--by way of glorifying the Howards, who were very high in royal and popular favour at that time; such anachronisms were very common in popular ballads of this and later times. The writer represents that Barton's smaller vessel was sunk; and he it is who tells us about that alleged journey of Andrew's head: My Lord Howard tooke a sword in his hand, And smote of Sir Andrew's head; The Scotts stood by did weepe and mourne, But never a word durst speake or say.