Hostname: page-component-586b7cd67f-t8hqh Total loading time: 0 Render date: 2024-11-25T17:17:14.011Z Has data issue: false hasContentIssue false
  • English
  • Français

Local Sentiment and the “National” Enemy in Northern England in the Later Middle Ages

Published online by Cambridge University Press:  10 January 2014

Cynthia J. Neville
Get access Rights & Permissions [Opens in a new window]

Extract

On April 30, 1408, Archbishop Henry Bowet of York issued a commission ordering the deprivation of John, prior of the tiny and impoverished monastery of Hexham. The archbishop condemned the prior in the strongest terms, noting that, “to the manifest destruction of the English realm, he committed treason by receiving and cherishing the Scots and other false lieges of the king, grievous enemies of the kingdom all, and notorious traitors. In helping them to invade the realm he gave no heed to the danger in which he placed himself and the free men of the realm.” The archbishop went on to state that, when John abandoned his monastery in order to join the Scots, “there is no doubt that the prior perpetrated the infamous crime of lèse majesté.”

A note to the printed edition of this commission remarks laconically: “a startling document, which shows how thoroughly disorganized was the state of society on the Borders.” But the grim determination to punish that is so apparent in Bowet's commission was entirely justifiable, for incidents of desertion to the Scots were troublesome and none-too-rare among northern land- and officeholders, and in 1408 the memory of the rebellion of the greatest of these, Henry Percy, earl of Northumberland, was still fresh. In the eighteen months alone after Bowet issued his commission, the crown learned of another defection on the part of a formerly loyal Scottish cleric in England, as well as of the loss of one key border stronghold and the near loss of another, the results of treasonable conspiracies.

Type
Research Article
Information
Journal of British Studies , Volume 35 , Issue 4 , October 1996 , pp. 419 - 437
Copyright
Copyright © North American Conference of British Studies 1996

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 Raine, J., ed., The Priory of Hexham, Surtees Society, 2 vols. (Durham, 1864–1865), 1:xciiiGoogle Scholar.

2 Ibid., 1:xciii, n.

3 Percy's rebellion is discussed in Bean, J. M. W., “Henry IV and the Percies,” History 44 (1959): 212–27CrossRefGoogle Scholar; and in McNiven, P., “The Scottish Policy of the Percies and the Strategy of the Rebellion of 1403,” Bulletin of the John Rylands Library 62 (1979–1980): 498–530CrossRefGoogle Scholar.

4 Public Record Office (PRO), Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/191, membrane (m.) 51d.

5 Calendar of Patent Rolls (CPR), 1408–13, p. 231; Calendar of Inquisitions Miscellaneous, Chancery, 7:224–26Google Scholar (no. 413). The incident was noted by the Scottish chronicler Fordun; see Joannis de Fordun Scotichronicon, cum Supplementis et Continuatione Walteri Boweri, ed. Goodall, W., 2 vols. (Edinburgh, 1759), 2:444Google Scholar.

6 PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/191, m. 51.

7 Briggs, A., “Themes in Northern History,” Northern History 1 (1966): 1–6CrossRefGoogle Scholar; Le Patourel, J., “Is Northern History a Subject?” Northern History 12 (1976): 1–15CrossRefGoogle Scholar; Tuck, A., “War and Society in the Medieval North,” Northern History 21 (1985): 33–52CrossRefGoogle Scholar; Fraser, C. F. and Emsley, K., “Law and Society in Northumberland and Durham, 1290 to 1350,” Archaeologia Aeliana, 4th ser., 47 (1969): 47–70Google Scholar. For the most recent work, see Jewell, H. M., The North-South Divide: The Origins of Northern Consciousness in England (Manchester and New York, 1994)Google Scholar.

8 Barrow, G. W. S., “The Anglo-Scottish Border,” Northern History 1 (1966): 21–42CrossRefGoogle Scholar, and “Frontier and Settlement: Which Influenced Which? England and Scotland, 1100–1300,” in Medieval Frontier Societies, ed. Bartlett, R. and Mackay, A. (Oxford, 1989), pp. 3–22Google Scholar; Goodman, A., “The Anglo-Scottish Marches in the Fifteenth Century: A Frontier Society?” in Scotland and England 1286–1815, ed. Mason, R. A. (Edinburgh, 1987), pp. 18–33Google Scholar. For the most recent work, see the essays collected in Goodman, A. and Tuck, A., eds., War and Border Societies in the Middle Ages (London, 1992)CrossRefGoogle Scholar.

9 The rolls of gaol delivery are housed in the Public Record Office, London, under the classification JUST 3. During the period in which King's Bench was removed to York, its justices presided over sessions of gaol delivery in that county. These records are classified under the heading KB 27.

10 Morgan, M., “The Suppression of the Alien Priories,” History 26 (1941): 204–12CrossRefGoogle Scholar; Matthew, D., The Norman Monasteries and Their English Possessions (Oxford, 1962)Google Scholar; McHardy, A. K., “The Alien Priories and the Expulsion of Aliens from England in 1378,” in Church, Society and Politics, ed. Baker, D., Studies in Church History 12 (Oxford, 1975), pp. 133–41Google Scholar; Hill, R. M., “Undesirable Aliens in the Diocese of York,” in The Church and War, ed. Sheils, W. J., Studies in Church History 20 (Oxford, 1983), pp. 147–51Google Scholar.

11 Giuseppi, M. S., “Alien Merchants in England in the Fifteenth Century,” Transactions of the Royal Historical Society, n.s., 9 (1895): 75–98CrossRefGoogle Scholar; Flenley, R., “London and Foreign Merchants in the Reign of Henry VI,” English Historical Review 25 (1910): 644–55CrossRefGoogle Scholar; Thrupp, S., “A Survey of the Alien Population of England in 1440,” Speculum 32 (1957): 262–73CrossRefGoogle Scholar, and “Aliens In and Around London in the Fifteenth Century,” in Studies in London History Presented to Philip Edmund Jones, ed. Hollaender, A. E. J. and Kellaway, W. (London, 1969), pp. 251–72Google Scholar; Beardwood, A., Alien Merchants in England, 1352 to 1377 (Cambridge, Mass., 1931), pp. 59–75Google Scholar, and “Mercantile Antecedents of the English Naturalization Laws,” Medievalia et Humanistica 16 (1974): 64–76Google Scholar; Hand, G. J., “Aspects of Alien Status in Medieval English Law, with Special Reference to Ireland,” in Legal History Studies, 1972, ed. Jenkins, M. D. (Cardiff, 1975), pp. 129–35Google Scholar; Ruddock, A. A., “Alien Merchants in Southampton in the Later Middle Ages,” English Historical Review 61 (1946): 1–17CrossRefGoogle Scholar; Kerling, N. J. M., “Aliens in the County of Norfolk, 1436–1485,” Norfolk Archaeology 33 (1965): 200–212Google Scholar.

12 This estimate is based on the evidence of extant records for the period 1354–1427; that is, PRO, Justices Itinerant etc., Gaol Delivery Rolls, JUST 3/141A, 143, 145, 165A, 169, 176, 183, 184, 191, 199.

13 PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/208, m. 5d.

14 PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/169, m. 38 (1379).

15 PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/184, m. 14d (1398).

16 Ransom victims were often carried from Northumberland into Scotland via the old Wheel Causeway. From Cumberland, they were channeled across the border chiefly via Peathwath Ford, which crossed the River Eden near Castletown, and which enabled raiders to avoid passing too closely the fortified town of Carlisle. See Inglis, H. R. G., “Ancient Border Highways,” Proceedings of the Society of Antiquaries of Scotland, 5th ser., 10 (1924): 208–12Google Scholar; McIntire, W. T., “The Fords of the Solway,” Transactions of the Cumberland and Westmorland Antiquarian and Archaeological Society, n.s., 39 (1939): 154–55Google Scholar. Cross-border offenders uncovered in an inquest of 1369 are discussed on pp. 427-28 below.

17 PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/75, m. 8d. See also ibid., membranes (mm.) 32, 34; JUST 3/76, mm. 31, 36; PRO, King's Bench (Crown side), Coram Rege Rolls, KB 27/236, m. 11 (Rex). In 1319 Andrew the potter, taken for riding with the king's Scottish enemies, was sentenced to peine forte et dure when he refused to acknowledge the authority of the jurors assembled to put him to trial. KB 27/238, m. 109. See also KB 27/239, m. 87 (1320).

18 PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/199, m. 24. Conditions in Scotland are reviewed in Nicholson, R., Scotland: The Later Middle Ages (Edinburgh, 1974), pp. 252–58Google Scholar.

19 The examples here are numerous. Variations in the terminology of the indictments are well illustrated in PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/141A, mm. 51-51d (1358); JUST 3/135, m. 8d (1345); JUST 3/179, m. 29 (1392). For the latter, see also the discussion of “intakers” and “outputters” in Neville, C. J., “The Law of Treason in the English Border Counties in the Later Middle Ages,” Law and History Review 9 (1991): 18 and n. 89CrossRefGoogle Scholar.

20 See, e.g., PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/169, m. 43 (1382); JUST 3/176, m. 21d (1390).

21 PRO, Chancery Miscellanea, C 47/22/12(29), December 22, 1319.

22 PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/76, m. 32d.

23 PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/76, mm. 33, 33d.

24 PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/76, m. 26d.

25 PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/53/5, m. 1. See also the case of John Pray and John Seyman, enrolled on the same membrane.

26 PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/211, m. 13d (1444).

27 PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/169, m. 37d (1384). See also JUST 3/141A, m. 47 (1358) and JUST 3/176, m. 20 (1390).

28 PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/208, m. 18d; JUST 3/211, m. 3.

29 See Green, T. A., Verdict according to Conscience: Perspectives on the English Criminal Trial Jury, 1200–1800 (Chicago, 1985), pp. 28–64CrossRefGoogle Scholar, and “A Restrospective on the Criminal Trial Jury, 1200–1800,” in Twelve Good Men and True: The Criminal Trial Jury in England, 1200–1800, ed. Cockburn, J. S. and Green, T. A. (Princeton, N.J., 1988), p. 363Google Scholar.

30 The term is Powell's, Edward (“Jury Trial at Gaol Delivery in the Late Middle Ages: The Midland Circuit, 1400–1429,” in Cockburn, and Green, , eds., p. 112Google Scholar).

31 PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/141A, m. 45.

32 PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/141A, m. 41.

33 PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/135, m. 3 (1347); JUST 3/143, m. 1d (1359); JUST 3/176, m. 28 (1390). These incidents are discussed in Neville, C. J., “The Law of Treason” (n. 19 above), pp. 5, 8–9Google Scholar, and “Keeping the Peace on the Northern Marches in the Later Middle Ages,” English Historical Review 109 (1994): 1–25Google Scholar. See also the complicated appeal of felony made by Katherine Grey against Alexander Mason, sometime Scot, in Neville, C. J., “Border Law in Late Medieval England,” Journal of Legal History 9 (1988): 345–47CrossRefGoogle Scholar.

34 MacPherson, D.et al., eds., Rotuli Scotiae in Turri Londonensi et in Domo Capitulari Westmonasteriensi Asservati, 2 vols. (London, 1814), 1:318Google Scholar.

35 See, e.g., the safe conducts granted by Bishop Gilbert of Carlisle, warden of the west march, to the Scotsmen Stephen de Dumfries and William Boyvill, December 22, 1359, in Cumbria Record Office, Carlisle, Registers of Bishops John Horncastle, Gilbert Whelton, and Thomas Appleby, Diocesan Records, Carlisle (DRC) 1/2, m. 42.

36 See, e.g., the general safe conduct granted in 1366 by Bishop Thomas of Carlisle to all Scots who wished to come lawfully to market in Carlisle. Cumbria Record Office, Carlisle, Registers of Bishops John Horncastle, Gilbert Whelton, and Thomas Appleby, DRC 1/2, m. 7d.

37 The phrase is Hand's (n. 11 above), p. 133; but see also Griffiths, R. A., “The English Realm and Dominions and the King's Subjects in the Later Middle Ages,” in Aspects of Late Medieval Government and Society: Essays Presented to J. R. Lander, ed. Rowe, J. G. (Toronto: University of Toronto Press, 1986), pp. 88–89Google Scholar.

38 Thrupp argues, in this context, that “the fullest fifteenth-century letters of denization were so phrased as to make the obligation to be in lot and scot [to pay the assessments and fees levied on burgesses] appear to b e contingent on the rights to hold land in fee simple, to plead and be impleaded in the courts, and sometimes also on the right to receive special franchises. But to infer that aliens could exercise none of these rights prior to denization and were therefore liable to no taxation save the customs of their merchandise in foreign trade would be absurd.” See Thrupp, , “A Survey of the Alien Population of England in 1440” (n. 11 above), p. 263Google Scholar. See also Allmand, C. T., “A Note on Denization in Fifteenth Century England,” Medievalia et Humanistica 17 (1966): 127Google Scholar. The presence of Scottish defendants—and of other aliens—in sessions of gaol delivery and in King's Bench demonstrates that they were also liable to prosecution at common law. The trial and execution of a Spaniard charged with homicide is enrolled at PRO, King's Bench (Crown side), Coram Rege Rolls, KB 27/306, m. 33 (Rex). Trials in King's Bench for offenses other than felony are discussed in Beardwood, , Alien Merchants in England, 1352 to 1377 (n. 11 above), pp. 76–85Google Scholar.

39 PRO, Chancery, Patent Rolls, C 66/279, m. 24d, calendared in CPR, 1367–70, p. 264.

40 PRO, Chancery, Inquisitions Miscellaneous, C 145/197/6.

41 Strachey, J., ed., Rotuli Parliamentorum, 6 vols. (London, 1767–1777), 2:162Google Scholar.

42 The expulsion was the result of a Commons' petition heard in the autumn parliament of 1377. Ibid., 3:22–23. The effects of the crown's attempts to implement the expulsion were varied. Their effect on alien priories is discussed in McHardy (n. 10 above), pp. 134–41.

43 Strachey, ed., 3:527–28 (1404), 578 (1406); 4:190 (1422), 304–5, 306 (1425), 449, 450 (1433), 492 (1435), 511 (1436); 5:6, 24, 27, 31–32 (1439–40), 38–39, 54 (1442), 144 (1449), 230 (1453); 6:263 (1483).

44 Parliamentary petitions concerning aliens and the periodic attacks made on foreigners are discussed in Griffiths, R. A., The Reign of King Henry VI (Berkeley and Los Angeles, 1981), pp. 167–77, 382, 551–61, 791–95Google Scholar; Ruddock, A. A., “John Payne's Persecution of Foreigners in the Town Court of Southampton in the Fifteenth Century,” Transactions of the Hampshire Archaeological Society and Field Club 16 (1944): 23–27Google Scholar, and Italian Merchants and Shipping in Southampton, 1270–1600 (Southampton, 1951), esp. chap. 5Google Scholar.

45 Strachey, ed., 5:6; CPR, 1436–41, pp. 409–11.

46 Strachey, ed., 5:38–39, 144, 228–29, 230.

47 See esp. Griffiths, , The Reign of King Henry VI, pp. 551–55Google Scholar.

48 MacPherson et al., eds. (n. 34 above), 2:298–99.

49 CPR, 1436–41, p. 398. Examples of letters of denization for Scotsmen dating from the 1440s may be found ibid., p. 564; CPR, 1441–46, pp. 23, 37, 94, 207, 219; CPR, 1446–52, pp. 79, 217, 222, 230, 232, 240, 250, 253, 261, 303; Raine, J., The History and Antiquities of North Durham (London, 1852), p. iv, n.Google Scholar; Alnwick Castle, Northumberland MSS, Percy Letters and Papers, Box 761, no. 21; Cumbria Record Office, Carlisle, Lowther Deeds, D/Lons DD.C 58.

50 Nicholson (n. 18 above), p. 347; Griffiths, , The Reign of King Henry VI, p. 553Google Scholar.

51 CPR, 1446–52, pp. 230, 232, 240, 250, 303. Griffiths suggests that, “of all those Scots who felt it wise to purchase denizenship between 1448 and 1453, half did so in the single year 1449” (The Reign of King Henry VI, p. 553). This statement, however, is unsubstantiated by the evidence of the patent rolls.

52 CPR, 1446–52, pp. 470, 505; CPR, 1452–61, pp. 103, 156, 295, 323, 344, 431; PRO, Chancery, Warrants for the Great Seal, Series I, C 81/768(9832); CPR, 1461–67, pp. 55, 56, 82, 93, 191, 459, 468, 542; CPR, 1467–77, pp. 84, 159; Alnwick Castle, Northumberland MSS, Percy Letters and Papers, Box 761, no. 24; Hartshorne, C. H., Feudal and Military Antiquities of Northumberland and the Scottish Borders, 2 vols. (London, 1858), 2, app.clviGoogle Scholar.

53 CPR, 1467–77, pp. 299, 554–55, 596; CPR, 1476–85, pp. 141, 154, 175–77, 179, 189–90, 192–96, 198–200, 203–9, 211–12, 217–18, 220–22, 225, 227–29, 230–34, 237–38, 241–42, 246, 248, 252, 260, 268–70, 272–74, 279, 282, 294, 296, 299–301, 303, 309–10, 342; PRO, Chancery, Warrants for the Great Seal, Series I, C 81/1520(5262).

54 CPR, 1429–36, p. 188.

55 CPR, 1441–46, p. 94; CPR, 1461–67, p. 191.

56 MacPherson et al., eds., 2:323; Calendar of Close Rolls (CCR), 1441–47, p. 221.

57 Alnwick Castle, Northumberland MS, Percy Letters and Papers, Box 761, no. 22.

58 CPR, 1467–77, p. 50.

59 In 1475, e.g., in response to a deterioration in Anglo-Scottish relations, William Jonson of Scotland purchased such a certificate from Henry Percy, warden of the east march; the letter ordered that the man be granted “official protection.” Alnwick Castle, Northumberland MSS, Percy Letters and Papers, Box 761, no. 24. Earlier examples, dated 1446, are found in ibid., no. 21; and in Raine (n. 49 above), p. iv, n. Anglo-Scottish diplomatic relations in 1474–75 are discussed in Dunlop, D., “The ‘Redresses and Reparacons of Attemptates’: Alexander Legh's Instructions from Edward IV, March–April 1475,” Historical Research 63 (1990): 340–53CrossRefGoogle Scholar; and Pollard, A. J., North-Eastern England during the Wars of the Roses (Oxford, 1990), pp. 232–33Google Scholar.

60 For the reliability of the assessment, see Thrupp, , “A Survey of the Alien Population of England in 1440” (n. 11 above), pp. 264, 269Google Scholar. The records relating to the county palatine of Durham, however, have not survived, and there are only incomplete records for Lancashire. See the table in ibid., p. 272.

61 PRO, Exchequer (King's Remembrancer), Lay Subsidies, E 179/158/115, 39, 41 (Northumberland), E 179/90/24 (Cumberland, 1441); E 179/195/33 (Westmorland); Thrupp, , “A Survey of the Alien Population of England in 1440,” p. 272Google Scholar.

62 Concerns about the movement of Scottish aliens in particular were voiced as early as 1398. The draft of a truce sealed in that year posited a link between disorder in the north and the presence there of Scottish wanderers: “That in regard a great many Scotsmen born had settled themselves on the marches of England, and had sworn fealty to the Crown of England; and in the like manner a great many Englishmen born had settled themselves in the marches of Scotland, and had sworn fealty to the Crown of Scotland, and that both these were notoriously known to be the principal authors of all the disturbances that happened in those parts, it was ordained that the Scotsmen born should remove to the south side of the river Tyne, and the English as far north as the town of Edinburgh.” See Fraser, W., ed., The Scotts of Buccleuch, 2 vols. (Edinburgh, 1878), 2:21Google Scholar. See also Rymer, T., ed., Foedera, Conventiones, Litterae …, 10 vols., facsimile ed. of The Hague ed. (The Hague, 1739–1745), 3Google Scholar, pt. 4:150. In 1406 the warden of the east march warned the royal council of the widespread intercommuning between persons in the English and Scottish allegiances and urged the crown to impose limits on such contacts. See Chrimes, S. B., “Some Letters of John of Lancaster as Warden of the East Marches towards Scotland,” Speculum 14 (1939): 7–8CrossRefGoogle Scholar.

63 See, e.g., Strachey, ed. (n. 41 above), 4:351, 452, 493; 5:52–53, 63, 224–25, 268, 392; 6:103.

64 Welford, R., A History of Newcastle and Gateshead in the Fourteenth and Fifteenth Centuries, 3 vols. (London, 1884–1887), 1:297–98, 339, 374Google Scholar.

65 Bonney, M., Lordship and the Urban Community: Durham and Its Overlords, 1250–1540 (Cambridge, 1990), p. 187CrossRefGoogle Scholar. The earliest evidence for the exclusion of Scots from local trades and crafts in Carlisle dates from the sixteenth century, but there is little reason to doubt that such practice was by then of long standing. See Summerson, H., Medieval Carlisle: The City and the Borders from the Late Eleventh to the Mid-sixteenth Century, 2 vols., Cumberland and Westmorland Antiquarian and Archaeological Society, extra ser., vol. 25 (Kendal, 1993), 2:568, 570Google Scholar.

66 PRO, Exchequer (King's Remembrancer), Lay Subsidies, E/179/158/115, m. 2.

67 PRO, Exchequer (King's Remembrancer), Lay Subsidies, E/179/158/42, m. 2.

68 PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/54/27, m. 1. The case does not appear on the formal gaol delivery roll. It is noted only on the calendar that relates to the delivery of 1442.

69 Post, J. B., “Criminals and the Law in the Reign of Richard II with Special Reference to Hampshire” (Ph.D. diss., Oxford University, 1976), pp. 86–95Google Scholar.

70 Raine, J., ed., A Volume of English Miscellanies Illustrating the History and Language of the Northern Counties of England, Surtees Society (Durham, 1890), pp. 35–52Google Scholar.

71 Ibid., p. 36.

72 See p. 431 above.

73 The phrase is Pollard's (n. 59 above), p. 18.

74 Bonney, p. 222.

75 Statutes of the Realm, 9 vols. (London, 1810–1822), 2:553Google Scholar, 7 Hen. 7, c. 6. See also PRO, Chancery, Patent Rolls, C 66/570, m. 21d, calendared in CPR, 1485–94, p. 322.

76 MacPherson et al., eds. (n. 34 above), 2:488–90; PRO, Chancery, Warrants for the Great Seal, Series II, C 82/45.

77 The expulsion of the Scots is noted by very few historians. It was probably a reaction to rumors that the Scottish king, James III, had aided the pretender to the English crown, Lambert Simnel; more generally, it reflected the degeneration of Anglo-Scottish diplomatic relations in the first years of the reign of James IV. See Pollard, pp. 375–96; and Macdougall, N., James IV (Edinburgh, 1989), pp. 34, 57Google Scholar.

78 These were still widely available in the 1490s. See, e.g., CPR, 1485–94, pp. 127, 345, 376, 381; CPR, 1494–1509, pp. 74, 110, 116, 136.

79 Raine, , ed., A Volume of English Miscellanies, pp. 48–49Google Scholar.

80 See, e.g., PRO, Justices Itinerant, etc., Gaol Delivery Rolls, JUST 3/190, m. 18, for an indictment that mentions the Scot Robert Elwald; see also JUST 3/199, m. 18. The felonious activities of the Cumberland Elwalds are enrolled at JUST 3/176, mm. 27, 29; JUST 3/191, m. 58d; JUST 3/208, mm. 42d, 44; JUST 3/211, m. 43, and JUST 3/213, m. 16.

81 Gransden, A., English Historical Writing, vol. 1, c. 550 to c. 1307 (London, 1974), pp. 480–85Google Scholar.

82 Stevenson, J., ed., Chronicon de Lanercost, 1201–1346, Maitland Club (Glasgow, 1839), p. 346Google Scholar.

83 William Gregory's Chronicle of London, in The Historical Collections of a Citizen of London, ed. Gairdner, J., Camden Society, n.s., vol. 17 (1876), p. 224Google Scholar.

84 The attitudes of English chroniclers toward the Scots are discussed extensively in Gransden, , English Historical Writing, vol. 1, c. 550 to c. 1307, and vol. 2, c. 1307 to the Early Sixteenth Century (London, 1982)Google Scholar. See also Albano, R. A., Middle English Historiography (New York, 1993)Google Scholar; and Taylor, J., English Historical Literature in the Fourteenth Century (Oxford, 1987), esp. pp. 149–50, 236–54Google Scholar.

85 See, e.g., Hall, J., ed., The Poems of Laurence Minot, 2d ed. (Oxford, 1847), pp. 4, 5Google Scholar; Robbins, R. H., Historical Poems of the XIVth and XVth Centuries (New York, 1959), pp. xxviii, xlviGoogle Scholar, and especially the ballads “Bannockburn Avenged” (ibid., no. 9) and “The Battle of Neville's Cross” (ibid., no. 10); Wright, T., ed., Political Poems and Songs relating to English History composed during the period from the accession of Edw. III to that of Ric. III, 2 vols., Rolls Series, no. 14 (London, 1859–1861), 1:xx, xxiii, 40–41, 58Google Scholar. The most comprehensive collection of border ballads remains that of Child, F. J., ed., The English and Scottish Popular Ballads, 5 vols. (New York, 1882–1898)Google Scholar.

86 Goodman (n. 8 above), p. 29.

87 Ibid., p. 30.

88 Reed, J., The Border Ballads (London, 1973), p. 10Google Scholar.

89 Compare, e.g., David C. Fowler, who discusses the relationship between the earliest printed ballads and forms of late medieval metrical romances (A Literary History of the Popular Ballad [Durham, N.C., 1968], pp. 3–14, 107–40)Google Scholar, and Tessa Watt, who argues for a much clearer division between the oral form (and, by extension, the content) of the late medieval minstrels' songs and the shape and form of the earliest sixteenth-century broadside ballads (Cheap Print and Popular Piety, 1550–1640 [Cambridge, 1991], pp. 11–30)Google Scholar.

90 In the fifteenth century, such trade was most often carried out in violation of royal and wardenial ordinances. See, e.g., CPR, 1429–36, pp. 131–32, CPR, 1452–61, pp. 220, 492, PRO JUST 3/53/5, m. 1. Until 1437 Roxburgh was garrisoned by English soldiers and exempted from such prohibitions.