In the Footsteps of William Wallace

by Alan Young

  We reserve to our aforesaid lord, and to any other person, such right, concerning matters on the border or elsewhere, as may have belonged to them prior to the date of this present grant, or which could rightfully belong to them in the future . . . by reason of this present treaty nothing shall be added to, nor taken away from, the right of either realm . . .

  In August 1290, Edward I asked the Guardians of Scotland to recognise Anthony Bek, Bishop of Durham, as the Lieutenant in Scotland of his son, Edward, and of his future wife, Margaret. The Guardians were then instructed to defer to Bek in matters ‘which are required for the governance and peaceful state of the realm’.

  Despite the promises made at Birgham that Scotland’s independence would be safeguarded, the English attitude was increasingly clear – Scotland could only be stable politically with Edward I’s oversight. English policy following the demise of the Scottish heiress (and, therefore, the marriage contract with Edward I’s son) was to have English claims for overlordship over Scotland formally acknowledged in return for his assistance in securing the royal succession in Scotland and resisting the aggressive tactics of the Bruces, which again threatened the country with civil war. In keeping with the terms of the Treaty of Birgham, the Scottish Guardians at first refused to acknowledge Edward I’s claims to overlordship. The King, however, cleverly outflanked the Guardians by getting the thirteen claimants to the Scottish throne to recognise that he was their rightful overlord and, as such, could oversee the process by which the Scottish succession would be decided. The spirit of Birgham was still present, however, and Edward had to concede that he would maintain the customary laws and liberties of the kingdom until a decision about the rightful king was made. Significantly, Robert Wishart, Bishop of Glasgow, one of the Guardians and a close ally of James Stewart, rejected Edward I’s claim to suzerainty. In addition, some, and perhaps all, of the Scottish royal castle commanders refused at first to hand over their castles to Edward on the grounds that they had been entrusted to their custody by Alexander III or the Guardians, not by the English King. James Stewart, himself, held the castles of Ayr and Dumbarton at this time.

  These signs of resistance to full English overlordship turned out to be brief, however, for in June 1291 the Guardians felt they had no option but to agree to surrender Scottish royal castles; they also resigned their positions to be reappointed by the English King. They were no longer ‘elected by the community’ but now ‘appointed by the most serene prince, the Lord Edward’. There then followed a general swearing of fealty to Edward I by all substantial freeholders, both lay and clerical. James Stewart, Robert Wishart and Sir Nicholas Segrave were appointed commissioners at Ayr to supervise the receipt of the fealties for western Scotland. Edward I clearly recognised the authority of Stewart, sheriff of both Ayr and Dumbarton, in western Scotland.

  In August the court appointed by Edward I to decide which of the thirteen claimants or ‘Competitors’ had the best right to the Scottish throne met for the first time – the lawsuit that came to be known as the ‘Great Cause’ in the eighteenth century had begun. It was acknowledged at the time that the two most serious candidates were John Balliol and Robert Bruce (grandfather of the future king). As part of the process, Bruce was allowed to nominate forty auditors supporting his candidature, with Balliol and John Comyn (a relative as well as a Competitor) together nominating another forty in their support. The list of auditors is instructive. Again, James Stewart and Robert Wishart, Bishop of Glasgow, are positioned prominently among the Bruce auditors, which also include other families associated with the Stewarts such as the Lindsays and Crawfords. The Balliol and Comyn collection of auditors represents families that had been long associated with the Comyn family in government. The fact that Balliol was the official ‘ruling party’ candidate is emphasised by the Comyns’ conduct of their own claims through John Comyn of Badenoch, the Competitor. Comyn withdrew his claim saying specifically that he did not want to prejudice the claims of John Balliol, his brother-in-law.

  The final judgement in favour of John Balliol, based on superior legal strength by the principles of primogeniture of the Balliol cause, took place on 17 November 1292 and Balliol was enthroned on St Andrew’s Day, 1292. It should be noted that Robert Wishart and James Stewart had both been determined and outspoken in support of the Bruce cause, though they had to accept the final judgement.

  In terms of the Scottish government under John Balliol’s kingship, it is hardly surprising that there was continuity in both personnel and policy with the time of the Guardianship. The dominance of the Comyn party continued. Judging from their appearance in the royal circle, the leading secular figures in the Balliol administration were John Comyn, Earl of Buchan, John Comyn II, Lord of Badenoch, Alexander Balliol, Geoffrey Mowbray and Patrick Graham. These men seemed to be the inner core of advisers most frequently involved at the centre of government. James Stewart retained his important role in the administration of western Scotland despite his strong support of the Bruce candidature for the Scottish throne. His role in the west was, in fact, increased during the first Parliament of Balliol’s kingship in February 1293. An ordinance in this Parliament sought the establishment of three new sheriffdoms in Lorn, Skye and Kintyre in order to provide a permanent solution to the problem of royal authority in the north and west. The sheriffdom of Kintyre, comprising Bute, the Cumbraes, Kintyre and probably Arran, would be under the authority of James Stewart, adding to his offices of sheriff of both Dumbarton and Ayr.

  Stewart backing for the Bruces was still apparent, however. With another Bruce ally, the Earl of Mar, James Stewart supported the confirmation of Robert Bruce, the future King, as Earl of Carrick at the Stirling Parliament of August 1293. This was despite the fact that Bruce’s father and grandfather refused to do homage to John Balliol as Scottish King. It seems that the youngest Robert Bruce must have done homage to Balliol – he was still hoping to press Bruce claims to power in Scotland. The Bruces were not the main danger to the Scottish government in 1292. Stewart, as an important member of this government, must have been aware of the threats posed to that body, and therefore his role in it, by an increasingly interventionist approach by Edward I. As soon as judgement had been made in favour of Balliol’s claim to the Scottish throne, there was, apparently, a warning that if he did not rule justly Edward would have to intervene.

  Only one week after John Balliol’s enthronement, on 7 December 1292, Roger Bartholomew, a Berwick burgess, complained to Edward about three adverse judgements of the Guardians. Edward’s rapid response – compensation payments were made by 6 January 1293 – indicated his desire to demonstrate his right to hear pleas. This drew an appeal from the leaders of the Scottish political community, represented by John Comyn, Earl of Buchan, Bishop William Fraser of St Andrews, Patrick Graham and Thomas Randulph – again neither Bishop Robert Wishart of Glasgow nor James Stewart were leading players. This, on behalf of their King, objected to Edward I making judgement outside Scotland and asked that the English King should keep the promises made in the Treaty of Birgham. Edward I’s response was unambiguous: he had the right to review their decisions as the Guardians were, after June 1291, responsible to him alone as their overlord; any promises made by Edward in the interregnum, i.e. their Guardianship, were for that time alone and were no longer binding. Very early in Balliol’s kingship, Edward was seeking to define his overlordship in a steadily more opportunistic way. The English King expressed the forcible viewpoint that he could hear whatever pleas might be brought to him, that he could, if necessary, summon the Scottish King, himself, and that, as far as appeals were concerned, he would not be bound by any previous promises that he had made.

  Given these early indications of Edward I’s severe definition of his overlordship of Scotland, as well as the government’s increasingly desperate attempts to cling on to the principles of Scottish independence established at the Treaty of Birgham, it is hardly surprising that a clash occurred early in John Balliol’s kingship. On 8
May 1293, John was summoned before the King’s Bench to answer for his failure to do justice in the case of John Mazun, a Bordeaux wine merchant who was owed money by Alexander III. When Mazun died, and the lawsuit became void, another appeal – from Macduff of Fife who complained to Edward I that he had not received justice in King John’s court concerning his inheritance of lands – was scheduled for 24 May. Although he had rehearsed his answers and been coached by his more experienced counsellors, John Balliol was inexperienced in such matters. The King was put under severe pressure by Edward I, who judged him to be in his mercy for contempt of court and threatened him with the forfeiture of his three chief castles and towns (probably Edinburgh, Roxburgh and Berwick). Under the circumstances Balliol abandoned all resistance and once more acknowledged Edward’s overlordship in abject terms.

  A year afterwards, following the outbreak of war between England and France, in June 1294, Edward I summoned John Balliol, ten Scottish earls and sixteen barons to perform personal feudal service against the French. Not since 1159 had a King of Scotland performed overseas military service for a King of England. Again John Balliol seemed weak on this issue as a month earlier he appeared to offer aid to Edward I. When the summons came, on 29 June 1294, Balliol, undoubtedly under pressure from his baronial advisers, made excuses. As the Welsh rose in revolt in September 1294, which was due partly to Edward’s demand for them to fight for him against the French, Scottish prevarication on their summons could not be dealt with immediately. Indeed, the fact that the Welsh rebellion lasted until March 1295 may have encouraged Scottish leaders to assert independent action. By December 1294, they had absolution from the Pope freeing them from any oaths exacted from them under duress. The Scottish political community also sought help from the French in order to preserve the independence of the Scottish kingdom. Discussions had taken place between March and May, and by 5 July 1295, King John addressed letters to Philip IV appointing four persons to negotiate in France regarding John Balliol’s son, Edward, and a relative of Philip. At the same July Parliament, in another key move, government was taken out of the hands of John Balliol and given to a Council of Twelve who would assume control on behalf of King John. The treaty with France followed on 23 October 1295, and was ratified by the Scottish King and Parliament on 23 February 1296.

  Coldstream, looking towards England. Edward I invaded Scotland in 1296, crossing the Tweed near this point, and then moved in the direction of Berwick.

  The treaty with France amounted, in practice, to a Scottish declaration of war against the English. In fact a summons to the host went out to assemble on 22 March. It is important to understand the stance taken by James Stewart and his following within the Scottish political community on the eve of the Scottish wars. The Stewarts were regarded as indispensable parts of Scottish government under John Balliol’s kingship because of their power and landed influence in the west. Their role had been consolidated from the days of Alexander III and the Guardians. However, the Stewarts, in the person of James Stewart, were still not part of the inner core of central Scottish government and did not take a leading role in the negotiations for the Franco-Scottish treaty. Yet Stewart supported government actions and the stand against English interference, and he was one of the Council of Twelve chosen to direct Scottish government on behalf of John Balliol. In 1295, James Stewart was given added responsibility for the important border castle of Roxburgh. As a member of the Council of Twelve (together with his ally, Robert Wishart, Bishop of Glasgow), he undoubtedly adhered to the policy of the Scottish government if not necessarily to the Comyn-dominated leadership of that body. No doubt, Stewart and Wishart supported the words of defiance by which John Balliol (or the government acting on his behalf) formally renounced his homage to Edward I on 5 April 1296:

  Berwick Castle. On 30 March 1296 the town of Berwick, then only surrounded by a ditch and timber palisade for defence, was attacked by the English army of Edward I and many people killed. Edward strengthened the town walls and Berwick became the focal point for his direct rule over Scotland after the Battle of Dunbar.

  You yourself and others of your realm . . . have caused harm beyond measure to the liberties of ourselves and of our kingdom . . . for instance by summoning us outside our realm at the mere beck and call of anybody, as your whim dictated, and by harassing us unjustifiably . . . now you have come to the frontiers of our realm in warlike array, with a vast concourse of soldiers . . . to disinherit us and the inhabitants of our realm . . . we desire to assert ourselves against you, for our own defence and that of our realm, to whose defence and safekeeping we are constrained by the bond of an oath and so by the present letter we renounce the fealty and homage which we have done to you . . .

  The Stewarts, and presumably their followers such as the Wallaces, were committed to war against Edward I in order to preserve their position of power in Scotland. They tied their fortunes, as did the Comyns and their associates in government, to the principles of an independent Scotland, which had been upheld by the ruling aristocracy in Scotland since the second half of the thirteenth century. It is interesting, however, that the Bruces, close family allies of the Stewarts but excluded from Scottish government, did not respond to the Scottish host – in fact, Robert Bruce the elder, the leader of the Bruces after the death of his father in 1295, and his son (the future King) testified on 25 March that they had already done homage to Edward. In the Scottish wars, the Bruces started on the English side with Robert Bruce, the elder, defending Carlisle Castle for Edward I. His son forfeited the earldom of Carrick. The Bruces were not the only noble families to swear to support Edward I: Patrick, Earl of Dunbar, and Gilbert Umphraville, Earl of Angus, also sided with Edward I when war with the Scottish government seemed probable.

  Spott Burn. It was near here, in the vicinity of Dunbar, that the Scottish army suffered a major defeat at the hands of the English army on 27 April 1296 at the very beginning of the Scottish wars.

  Hostilities broke out on 26 March 1296 with an attack on Bruce-controlled Carlisle by John Comyn, Earl of Buchan, six other earls of Scotland and John Comyn, the younger. James Stewart was once again not involved in front-line activities, though whether he would actually have wished to participate in an assault on family allies, the Bruces, is questionable. At about the same time, the English army was gathering around Berwick and on 30 March the town was stormed and many townsmen (by one exaggerated account, over 11,000) were butchered. In reprisal, another Scottish raiding party, based at Jedburgh (which had been under Comyn control in the early 1290s) attacked Northumberland, particularly Redesdale, Coquetdale and Tynedale. On their way back from this action they took Dunbar with the help of the Comyn Countess of Dunbar who, unlike her husband, remained loyal to the Scottish government. It was at Dunbar on 27 April that the first phase of the Scottish wars took a decisive turn when the Scottish army, trying to relieve the siege of the town by English troops, was routed and those within the castle surrendered.

  Dunbar was a conclusive defeat for Scotland, though the scale of Scottish casualties – estimated at 10,000 dead by the Lanercost chronicler – is probably greatly exaggerated. Certainly only one major Scottish aristocrat, Patrick Graham, is known to have been killed and it seems that most nobles soon abandoned the conflict. It is probable that the full Scottish host were not present and that neither John Balliol nor James Stewart was involved in the battle. Indeed, James Stewart surrendered Roxburgh Castle to the English only a week after Dunbar and on 13 May swore fealty to King Edward. It seems that Stewart was seeking to distance himself from the Comyns and their allies who had clearly lost their political control over Scotland at Dunbar. By so doing, Stewart hoped to maintain his position of authority in western Scotland. His policy seemed to work for he was soon being employed by Edward I to receive the surrender of two castles within his area of influence, Kirkintilloch and Dumbarton. A marriage alliance between James Stewart and Egidia, sister of Richard Burgh, Earl of Ulster and one of Edward I’s close supporters, wa
s, no doubt, intended to consolidate Stewart’s loyalty. According to John of Fordun, the elder Robert Bruce also approached Edward I with hope of reward for the Bruce family in Scotland, only to be rebuffed unceremoniously, ‘Have we nothing else to do but win kingdoms for thee?’ Even the Comyns, whose leading members had fled along with John Balliol to the Comyn-dominated north of Scotland, adopted a more pragmatic policy, returning south to seek favourable surrender terms from the English King.

  Edward I had tried to control the Comyns and, through them, the Scottish King, who was a puppet of his relatives, the Comyns, rather than Edward I. He had shown favour to the family and their allies in Scotland when he was overlord in 1291 and 1292, and also in England. By 1293, John Comyn, heir of the senior Badenoch branch of the Comyn family, was married to Joan Valence, daughter of William, Earl of Pembroke, and cousin of the English King. By a mixture of favour and threat – Edward I made it clear to the Comyns and Balliol how much they were under his financial control – the English King hoped to use Comyn power and influence across Scotland to secure political stability as well as his own interests.

  Dunbar Castle and harbour. Few medieval remains of the castle exist today, it having been ruined by Order of Parliament in 1567. William Wallace does not seem to have been present at the Battle of Dunbar, 1296, but he certainly emerged, with William Douglas among others, in the aftermath of this severe Scottish defeat and the beginning of English direct rule.