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number of tall soldiers more than for the proportion of the castle, reckoning rather upon a sharp assault than a long siege. And for the country likewise, he had caused the people to withdraw their cattle and goods into fast places, that were not of easy approach; and sent in post to the Earl of Surrey (who was not far off in Yorkshire) to come in diligence to the succour. So as the Scottish King both failed of doing good upon the castle, and his men had but a catching harvest of their spoils. And when he understood that the Earl of Surrey was coming on with great forces, he returned back into Scotland. The Earl finding the castle freed, and the enemy retired, pursued with all celerity into Scotland; hoping to have overtaken the Scottish King, and to have given him battle. But not attaining him in time, sat down before the castle of Aton, one of the strongest places (then esteemed) between Berwick and Edinburgh; which in a small time he took. And soon after the Scottish King retiring further into his country, and the weather being extraordinary foul and stormy; the Earl returned into England. So that the expeditions on both parts were (in effect) but a castle taken and a castle distressed; not answerable to the puissance of the forces, nor to the heat of the quarrel, nor to the greatness of the expectation.

46

1 Militum fortissimorum.

2 Et militibus prædam satis jejunam compararet.

According to Stowe the army under Surrey was sent in July. The an. reg. 13" in the margin is probably misplaced. It must have been in 1497, the 11th month of Henry's 12th year. Fabyan gives the year, but I think not the month.

-

Buchanan (xiii. 16.) represents the invasion as having taken place immediately upon news arriving in Scotland of the Cornish rebellion: which would be about the end of May.

3

Amongst these troubles both civil and external, came into England from Spain, Peter Hialas, some call him Elias (surely he was the forerunner of the good hap that we enjoy at this day: for his ambassage set the truce between England and Scotland; the truce drew on the peace; the peace the marriage; and the marriage the union of the kingdoms); a man of great wisdom," and (as those times were) not unlearned; sent from Ferdinando and Isabella, Kings of Spain, unto the King, to treat a marriage between Katherine, their second daughter, and Prince Arthur. This treaty was by him set in a very good way; and almost brought to perfection. But it so fell out by the way, that upon some conference which he had with the King touching this business, the King (who had a great dexterity in getting suddenly into the bosom of ambassadors of foreign Princes, if he liked the men; insomuch as he would many times communicate with them of his own affairs, yea and employ them in his service,) fell into speech and discourse incidently, concerning the ending of the debates and differences with Scotland. For the King naturally did not love the barren wars with Scotland; though he made his profit of the noise of them and he wanted not in the counsel of Scotland those that would advise their King to meet him at the half way, and to give over the war with England; pretending to be good patriots, but indeed favouring the affairs of the King. Only his heart was too great to begin with Scotland for the motion of

:

1 Induxit.

2 Prudens.

Wherever "wise" occurs in the English, it is translated vrudens in the Latin.

3 Dexteritate legati non segniter promotus.

peace. On the other side, he had met with an alv of Ferdinando of Arragon, as fit for his turn as could be. For after that King Ferdinando had upon assured confidence of the marriage to succeed taken upon him the person of a fraternal ally to the King, he would not let, in a Spanish gravity, to counsel the King in his own affairs. And the King on his part not being wanting to himself, but making use of every man's humours, made his advantage of this in such things as he thought either not decent or not pleasant to proceed from himself; putting them off as done by the counsel of Ferdinando: wherefore he was content that Hialas (as in a matter moved and advised from Hialas himself) should go into Scotland, to treat of a concord between the two Kings. Hialas took it upon him, and coming to the Scottish King, after he had with much art brought King James to hearken to the more safe and quiet counsels, writ unto the King that he hoped that peace would with no great difficulty cement and close, if he would send some wise and temperate counsellor of his own, that might treat of the conditions. Whereupon the King directed Bishop Foxe (who at that time was at his castle of Norham) to confer with Hialas, and they both to treat with some commissioners deputed from the Scottish King. The commissioners on both sides met.2 But after much dispute upon the articles and conditions of peace propounded upon either part, they could not conclude a peace. The chief impediment thereof was the demand of the

1 Non dubitabat.

2 At Jedburgh, according to Buchanan, xiii. 17.; from whom most of these particulars appear to have been taken. But one of the commenta Cors, speaking on the authority of documents, says they met at Aton.

The

King to have Perkin delivered into his hands; as a reproach to all Kings, and a person not protected by the law of nations. The King of Scotland on the other side peremptorily denied so to do; saying that he for his part was no competent judge of Perkin's title: but that he had received him as a suppliant, protected him as a person fled for refuge, espoused him with his kinswoman, and aided him with his arms, upon the belief that he was a Prince; and therefore that he could not now with his honour so unrip and in a sort put a lie upon all that he had said and done before, as to deliver him up to his enemies. Bishop likewise (who had certain proud instructions from the King, at the least in the front, though there were a pliant clause at the foot, that remitted all to the Bishop's discretion, and required him by no means to break off in ill terms,) after that he had failed to obtain the delivery of Perkin, did move a second point of his instructions; which was, that the Scottish King would give the King an interview in person at Newcastle. But this being reported to the Scottish King, his answer was, that he meant to treat a peace, and not to go a begging for it. begging for it. The Bishop

1 A copy of instructions answering this description, and dated at Shene, 5 July, 1497, may be seen in the Cotton MSS. Vesp. C. xvi. fo. 141. Reference is made in them to a previous treaty lately made at "Jenynhaugh" (date not mentioned) in which it seems that certain offers were made by the Earl of Angus and Lord Home, which could not be accepted, — apparently because they did not include the delivery of Perkin into Henry's hands. It is possible that Fox had similar instructions for his guidance in that previous negotiation, and that it was that which ended in the “recess" which Bacon speaks of; during which James took occasion to send Perkin away. For it was on the 6th of July, according to Tytler (iv. p. 385.), that he sailed: therefore before the instructions of the 5th could have been received.

* Etiam disertis verbis præcipiens.

also according to another article of his inst.uctions, demanded restitution of the spoils taken by the Scottish, or damages for the same. But the Scottish commissioners answered, that that was but as water spilt upon the ground, which could not be gotten up again; and that the King's people were better able to bear the loss than their master to repair it. But in the end as persons capable of reason1 on both sides, they made rather a kind of recess than a breach of treaty, and concluded upon a truce for some months following. But the King of Scotland, though he would not formally retract his judgment of Perkin, wherein he had engaged himself so far; yet in his private opinion, upon often speech with the Englishmen and divers other advertisements, began to suspect him for a counterfeit; wherefore in a noble fashion he called him unto him, and recounted the benefits and favours that he had done him in making him his ally, and in provoking a mighty and opulent King by an offensive war in his quarrel, for the space of two years together; nay more, that he had refused an honourable peace, whereof he had a fair offer if he would have delivered him; and that to keep his prom

1 Moderati et rationi non recalcitrantes.

2 So Buchanan, xiii. 17. But the truce "for some months" was probably the result of the previous negotiation at Jenynhaugh. By the time Fox received the instructions of the 5th of July, Perkin was gone and the obstacle removed. The commissioners met, D'Ayala acting as a kind of mediator, and agreed in the first instance upon a truce for seven years. This was concluded on the 30th of September, 1497. Soon after a new negotiation was commenced, D'Ayala acting on the part of James, and Warham on the part of Henry; which ended in an extension of the term to the lives of the two kings and a year after the death of the survivor. It was signed by Warham in London on the 5th of December; proclaimed in London the next day (see old Chronicle); and ratified by James on the 10th of February, 1497-8.

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