The Political Allegiance of the Earls of Strathearn during the War of Independence

Edinburgh University Press is collaborating with JSTOR to digitize, preserve and extend access to The Scottish Historical Review.

http://www.jstor.org

The Political Allegiance of the Earls of Strathearn during the War of Independence Author(s): Cynthia J. Neville Source: The Scottish Historical Review, Vol. 65, No. 180, Part 2 (Oct., 1986), pp. 133-153Published by: Edinburgh University PressStable URL: http://www.jstor.org/stable/25530200Accessed: 13-05-2015 17:51 UTC

Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at http://www.jstor.org/page/ info/about/policies/terms.jsp

JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

This content downloaded from 134.190.174.16 on Wed, 13 May 2015 17:51:30 UTCAll use subject to JSTOR Terms and Conditions

http://www.jstor.org

http://www.jstor.org/action/showPublisher?publisherCode=eup

http://www.jstor.org/stable/25530200

http://www.jstor.org/page/info/about/policies/terms.jsp



The Scottish Historical Review, Volume LXV, 2: No. 180: October 1986, 133-153

CYNTHIA J. NEVILLE

The Political Allegiance of the Earls of Strathearn during the

War of Independence The period known as the War of Independence proved a testing

ground for Scotland, a time of intense struggle which endured for more

than a generation. Sustained resistance to the designs of the English

king caused not only serious harm to the country itself but, more

significantly, deep sorrow to the people of Scotland. The man who

drafted the Declaration of Arbroath in 1320 wrote woefully and

eloquently of the years of grief which had passed: Tt is impossible for

any whose own experience hath not informed him to describe, or fully to understand, the injuries, blood and violence, the depredations and

fire, the imprisonments of prelates, the burning, slaughter and rob

bery committed upon holy persons and religious houses, and a vast

multitude of other barbarities, which that king executed on this people, without sparing of any sex or age, religion or order of men

whatsoever'.1

This statement, melancholy as it reads, makes no allusion to the more tragic aspect of Scotland's struggle for independence, that is, to

the internal dissension which afflicted the country. The support which

Robert Bruce had rallied to his cause by 1320 was a long time in the

making. In the period between the selection of John Balliol as king of

Scotland in November 1292 and the drafting of the Declaration, scores

of families were divided over the issue of Scottish independence.

Opposition to England during these years entailed the very real

possibilities of a traitor's death, forfeiture of property, and shame. For

some, these dangers were a price too high to pay for so idealistic a

notion as nationhood; for patriots, they were acceptable risks, well worth the final reward.

During the early 1290's, virtually all Scottish noblemen were firm in the belief that their country, although temporarily leaderless, should remain independent of England. But as the thirteenth century gave

way to the fourteenth, and King Edward's grim determination to crush his Scottish vassals increased in intensity, the resolve of many of these

magnates began to weaken. Of the eight earls whose names were

included in the Declaration of Arbroath, only two (Moray and

Lennox) had been constant supporters of King Robert from the day he assumed leadership of the Scottish cause. Similarly, of the thirty

i G. Donaldson, Scottish Historical Documents (Edinburgh, 1970), 56.

dr c. j. neville is assistant professor of History at Mount Saint Vincent

University, Halifax, Nova Scotia.



134 CYNTHIA J. NEVILLE

one barons and lairds enumerated in the document, only a handful had stood by Bruce since 1306.

A great deal of research has been undertaken in recent years on the Scottish War of Independence, and all these works have contributed in some way to the elucidation of the complicated series of events which

occurred during the years 1291-1329.1 The war against England was not a brief affair, nor was victory achieved through a definite number of crucial military engagements. The battle of Bannockburn, for

example, was fought a full dozen years after the selection of John Balliol as king; another fourteen were to pass before the Treaty of

Edinburgh/Northampton signalled the end of the conflict. Precisely because the war was so prolonged, and because the struggle against England was carried out in so many different stages, the role played by the Scottish nobility as a body cannot be defined or described in clear and precise terms. The political allegiance of individual earls, barons and lairds shifted with a regularity and an alacrity that must

have confounded contemporaries as greatly as they do modern Scottish historians. Indeed, one such scholar has been led to comment with

disarming shrewdness that' there can be no simple analysis of baronial

loyalties in Robert I's Scotland'.2 An examination of the political alliances of one important Scottish

baronial family during the period 1284-1320 is of particular interest.

The earldom of Strathearn was one of the most ancient and prestigious honours in the kingdom; its earls had been distinguished members of

Scottish society since the time of King David I. During the years noted

above the earldom was ruled by two men, both bearing the traditional

Celtic name of Malise. The political careers of father and son followed

very different courses. The older man began

as a sympathetic supporter

of the patriotic cause, but went over to the English side sometime between 1298 and 1303. The younger Malise, after suffering imprison ment for some years under the watchful eyes of the English king, devoted

his allegiance wholeheartedly to the cause of Robert Bruce and to

freedom for the Scottish nation. The dissension which existed between

the two men was in no way singular. All over the country other baronial

families struggled to reconcile conflicting political beliefs with their

personal relationships. The examination of the earls of Strathearn serves

to illustrate, and perhaps to typify, the divisiveness which character

ised the Scottish nobility during the long War of Independence. In 1284, when both the heir to the Scots throne and King Alexander

Ill's queen had died, Malise of Strathearn was one of thirty-nine i See especially G. W. S. Barrow, Robert Bruce and the Community of the Realm of

Scotland, 2nd edn. (Edinburgh, 1976) for a narrative of the period, and E. L. G. Stones

andG. G. Simpson, Edward I and the Throne of Scotland i2go-i2g6. 2 vols. (Oxford, 1978) for a masterful compilation of primary source material. 2 A. A. M. Duncan, The Nation of Scots and the Declaration of A rbroath (1320) (London,

1970), 29.



POLITICAL ALLEGIANCE OF EARLS OF STRATHEARN 135

magnates (and one of thirteen earls) who gathered together to discuss

the precarious state of the succession. On this occasion, he swore with

his fellow barons a solemn oath to recognise the claim of the king's

baby granddaughter, Margaret, to the throne of Scotland should he

die without further issue.1 The advent of a new male heir seemed well

assured when, a year later, Alexander III took as his second wife the

young and beautiful Yolande of Dreux. Just a few months after the

marriage, however, Scotland was struck by calamity. In the weeks of

general unease and anxiety which followed the sudden death of King Alexander himself in 1286, steps were taken throughout the country

by the Guardians and other Scottish noblemen to safeguard the

interests and enforce the rights of the Crown during the absence of a

fully-empowered monarch. As one of the premier earls of the realm, Earl Malise was quick to demonstrate his concern for the well-being of the country by arranging for eventualities in Strathearn. In his

capacity as patron of Inchaffray Abbey, he called upon the tenants of

the religious house to assist his own men in maintaining peace and

tranquillity within the territories of the earldom. A short time later he

issued to the abbot letters of indemnity for the military services so

rendered.2

When the chief Scottish nobles and prelates met at Birgham in 1290 to draft a formal letter to King Edward I of England outlining the

arrangements for the marriage of the Maid of Norway to the Prince

of Wales, Earl Malise of Strathearn was again among the earls (twelve in number) who appended their seals to a ratification of the docu

ment.3 The Treaty of Salisbury, which confirmed the alliance, also

bears the seal of Earl Malise.4

The last decade of the thirteenth century and the first of the

fourteenth were a time of considerable anguish for the magnates of

Scotland. The dilemmas and questions which Malise of Strathearn was

forced to consider in these unsettled years were the same which

confronted most of the country's nobility. In 1297, for example, open

support for the endeavours of Sir William Wallace was generally recog nised as patriotic duty, but was this stance worth the wrath it incurred on the part of King Edward I? Similarly, in 1306, when the political situation in Scotland had been radically altered, how did magnates reconcile support for the patriotic cause with the violence that had

i Foedera, Conventiones, Litterae et Cuiuscunque Generis Acta Publica [Foedera], ed. T.

Rymer, Record Commission edition (London, 1816-69), i, pt. 2, 638. 2 Charters, Bulls and other Documents relating to the Abbey of Inchajfray [Inchajfray Chrs], edd., W. A. Lindsay, J. Dowden and J. M. Thomson (Scottish History Society, 1908), no. 117.

3 The Acts of the Parliaments of Scotland [APS], edd. T Thomson and C. Innes

(Edinburgh, 1814-75), i, 441.

4 Documents Illustrative of the History of Scotland 1286-1306, ed. J. Stevenson

(Edinburgh, 1870), i, 130.



I36 CYNTHIA J. NEVILLE

taken place in the Grey friars' Kirk at Dumfries in February? Robert Bruce was perhaps no less an enthroned king than Balliol had been, but many believed that his accession to the throne had come about as

the result of an illegal and barbarous act.

During the opening years of the struggle for independence, that is, from 1291 to 1296, there is no evidence to indicate that Earl Malise was

not earnestly committed to the defence of his country against domination by the king of England. In June 1291, when the nobles of

Scotland met Edward at Norham, the earl of Strathearn was nomi

nated as an auditor for John Balliol.1 The latter's candidacy for the

Scots throne was supported by the powerful Comyn family, and it is natural that Malise, married to the sister of John Comyn, earl of

Buchan, should have chosen to add his own weight to Balliol's bid. Strathearn was present with other Scottish barons one month later, in

Stirling, to render fealty to King Edward as lord superior of Scotland, as well as to witness the homage of other leading Scotsmen.2 He then

travelled to Perth, where he supervised similar oath-taking on the part of local notables.3 It is impossible to know what thoughts occupied the

mind of the earl as he knelt before Edward I but, in 1291 at least, he

seemed willing to abide by the decision concerning the Scots throne

which the English king would soon be making. Malise was present in Berwick in October and November 1292,

throughout the final stages of the proceedings known as the Great

Cause.4 When he witnessed the breaking of the seal of Scotland he

must have felt, with his fellow barons, an overwhelming sense of relief.

After close to seven years, his country once more had a king. Edward, however, soon began to put into practice the authority

which he asserted his Scottish vassals had vested in him. In June 1294 Malise of Strathearn received a royal summons from Portsmouth,

commanding him to appear in person in the south on 1 September,

fully equipped and ready to set sail to render military service in

France.5 The earl had no intention of obeying Edward's orders, but

he was saved the awkwardness of having to explain his refusal when

the muster was cancelled because of a revolt by the king's Welsh

subjects. Within two and a half years of his installation as king in November

1292, the magnates quickly became disillusioned with John Balliol. In

first place, there was the worrisome question of Scottish judicial

appeals, which Balliol had been forced in 1293 to concede might be

heard in England. More recently, the outbreak of war between France

i Stones and Simpson, Edward I, ii, 84. 2 Ibid., ii, 120, i23n.

3 Ibid., ii, 125. 4 Ibid., 11, 211, 220, 226, 227, 241.

5 Foedera, i, pt. 2, 804.



POLITICAL ALLEGIANCE OF EARLS OF STRATHEARN I37

and England had brought increased demands for Scottish assistance

from an overbearing King Edward I, demands with which Balliol

appeared willing to comply. Together, these issues came to symbolise for the Scots nobles what has been described as '

superior or direct lord

ship with a vengeance'.1 At a meeting of parliament held at Stirling in July 1295, the exercise of power was wrested from the hands of King

John, and a council of twelve men was elected to govern the realm, a body counting four earls, four bishops and four barons. Among the

first group was Earl Malise of Strathearn, who was by now becoming convinced of the urgent necessity to oppose Edward's designs for

Scotland. His name appears foremost in the confirmation of the Scoto

French treaty which was negotiated as one of the first acts of the new

council in the autumn of the same year.2

Although no writs of summons have survived, Malise of Strathearn was no doubt among the Scots noblemen and gentry who, early in the

spring of 1296, began to assemble a host with the intention of doing battle with Edward's forces, then mustering just south of the border.

The earl's presence in the expedition which reached Carlisle in March

is briefly noted by the chronicler Rishanger,3 and is confirmed by the

survival of a deed issued under his seal on 12 February 1297. Here, Malise promised Sir William Murray of Tullibardine that the 'succour

and aid which he rendered to us with his esquires, horses and arms in

defence of the realm' had been offered voluntarily, over and above the

Scottish service which Sir William customarily owed in respect of the lands he held of the earl.4

The decision to call out the host in accordance with the agreement

recently made with France constituted a crucial turning point for the

nobility of Scotland. It represented the moment when each man had to make a conscious decision to support or to oppose King Edward's

attempts to dominate the realm. It is clear that by 1296 Earl Malise of Strathearn had made a firm commitment in support of the patriotic cause.

The defeat of the Scottish forces during the late spring and early summer of 1296 is well known and need not be recounted here. After

accepting the surrender of the key fortresses of Dunbar, Roxburgh, Jedburgh, Dumbarton and Edinburgh, Edward I marched into

Stirling, where he encountered no resistance. There, with other noble

men, vient le conte de Stradern a la pees.5 When the victorious king returned to Berwick in August, he received once again the homage and

i Barrow, Robert Bruce, 87. 2 The treaty was ratified once again by the Scots parliament in February 1296. See APS, i, 451-3.

3 Chronica Willhelmi Rishanger, ed. H. T. Riley (Rolls Series, 1865), 156. 4 Registrum Episcopatus Moraviensis (Bannatyne Club, 1837), App., no. 17. 5 Stevenson, Documents, ii, 27-8.




fealty of Malise of Strathearn, together with the earl's solemn renun

ciation of the French treaty.1 Strathearn was treated with considerable leniency, perhaps because

he had not been involved personally in the assault which the English forces suffered at Dunbar. In fact, the earl's movements after the

unsuccessful attack on Carlisle in March are uncertain. He probably retired northward with his own men to Jedburgh, where the bulk of the

Scottish army was encamped, but he does not appear to have taken part in the raid into Northumberland which was carried out early in April.2

Whatever the extent of his treasonable activities during this summer of

1296, Malise was permitted to remain in possession of his estates and

title, and on 8 September a writ was issued to various sheriffs in

Scotland, instructing them to restore the lands of five lesser barons 'who came to the king's peace with Malise earl of Strathearn'.3 King Edward was not prepared to trust the earl completely, however, for in

July his two youngest sons, Gilbert and Robert, were sent into con

finement in the Tower as hostages for their father's good behaviour.4

The year 1297 marks the beginning of more than a decade of deep trouble for Earl Malise of Strathearn, a period in which his loyalty to

the patriotic cause was brought into drastic conflict with his personal interests. The events of these years, outlined below, were to force the

earl to re-evaluate his political allegiance on two separate occasions,

both of which caused "him much hardship.

Early in 1297, the knowledge that his two youngest sons were in

English custody compelled the earl to curb, temporarily, his enthusiasm

for the efforts of the anti-English party, and to adopt a policy of sensible

adherence to the wishes of King Edward. In May, the English ruler

once again began

to undertake plans for an expedition

across the

Channel, this time to Flanders. He left special instructions for the

keeping of the peace in Scotland with several magnates, among them

Malise of Strathearn.5 The summer months proved to be tumultuous

in northern Scotland, heightened when an uprising led by Andrew

Murray quickly swept away most of the support for King Edward in

that region. Strathearn, still concerned with the welfare of his sons, dared not show the rebels any sympathy. It was probably with news

of the effect of the rebellion in his own part of the country that he sent

i Instrumenta Publica sive Processus super Fidelitatibus et Homagiis Scottorum Domino Regi

Angliae Factis 1291-96 (Bannatyne Club, 1834), 119; Stevenson, Documents, ii, 65-8. It

is doubtful that Strathearn actually travelled to Berwick. Professor Barrow has

suggested that sealed instruments recording individual fealties were collected by the

Scottish sheriffs and forwarded to Edward in Berwick. See Barrow, Robert Bruce, 109. 2 Ibid., 99-100.

3 Calendar of Documents relating to Scotland [CDS], 4 vols. ed. J. Bain (Edinburgh,

1881-8), ii, no. 853. 4 See below, pp. 139-40.

5 Stevenson, Documents, ii, 167-9.




a spoken message to the English king through the person of Sir Andrew

of Raith.1 The precise contents of this message remain a mystery, but

its urgency may be inferred from the earl's unwillingness to commit

it to parchment. Instead, he provided his servant with a letter of intro

duction, requesting only that Sir Andrew be granted an audience in

order that the message be delivered.

In August 1297, the earl of Warenne wrote to King Edward with

further news of the unrest then rampant in Scotland. He recounted

with some enthusiasm that the earl of Strathearn had captured the

traitor Macduff and his sons, and that he had been instructed to deliver

the rebels into English custody.2 Sometime between August and

October, however, Malise suddenly renounced his allegiance to the

English king and took a stand once more on the side of the patriots. What particular incident or combination of factors caused such an

abrupt and complete reversal?

By the early autumn of 1297, Sir William Wallace had rallied con

siderable support among lesser landowners in Scotland, assuming the

leadership of the anti-Edwardian movement after the death following

Stirling Bridge of Sir Andrew Murray. He had not yet won to his

banner many of the country's chief noblemen, perhaps because, as one

chronicler suggested, they were too proud to submit to the command

of a man whom they considered a social inferior.3 Equally important is the fact that many of these men were reluctant to stake their fortunes

irrevocably on the dubious success of Wallace's efforts.

Malise of Strathearn was one of the few magnates who did decide, after the victory at Stirling Bridge, to take the risk. Confidence in the abilities of Wallace no doubt played a significant part in his decision, but a more persuasive argument may be posited for the earl's abrupt

change of mind. This is that, by the autumn of 1297, Strathearn was

no longer concerned for the safety of his two youngest sons.

Gilbert and Robert, as noted, had been sent to the Tower in July 1296 as guarantors of their father's good behaviour. Gilbert is men

tioned in an account of King Edward's Wardrobe the same year, when he received 26s 8d for expenses incurred in travelling from London. In the same month both boys were granted 20s by the king for the

purchase of gloves, hose et aliis necessariis, including fees for their tutor,

John of Dunning.4 It was not unusual, of course, for the sons of noblemen to be kept in honourable, even comfortable, confinement, but there exists evidence to argue that Gilbert and Robert quickly

i Ibid., ii, 215. See also E. M. Barron, The Scottish War of Independence (London, I9I4)? 57 2 Stevenson, Documents, ii, 217.

3 fohannis de Fordun, Chronica Gentis Scotorum, ed. W. F. Skene (Edinburgh, 1871-2), Gesta Annalia, i, 328. 4 Stevenson, Documents, ii, 134-5, 137.




became more than just hostages at the English court. The former, at

least, was won over to the friendship of the Prince of Wales, and by 1297 he had enlisted in young Edward's retinue. He was supplied by the king himself with a complete suit of armour and a black horse,

together worth more than ?20, pro guerra Franciae. Gilbert crossed with

the English to Ghent in the summer of 1297, and when the king reclaimed the black horse, the earl's son was compensated with the handsome gift of 40s. Gilbert served under King Edward throughout the late summer and autumn, and was paid accordingly: 36s iod, the

usual wage for an esquire.1 He disappears from written record after this last reference, and it is possible that he fell at Ghent, or that he

chose to settle there.

The evidence concerning Robert of Strathearn is of a more exiguous nature but he, too, appears to have been on friendly terms with both

the king of England and the Prince of Wales, as evidenced in the gift of money granted him from the royal Wardrobe. In the autumn of

1297, however, following his father's disgrace,2 the young man was

removed from the household of the prince, and the period of his

captivity in the Tower was extended.3 He and his fellow prisoners

(the sons of other Scots magnates) were permitted to keep a small

retinue of servants, the expenses of which were assumed by the

Wardrobe.4 After 1297, Robert disappears from both English and

Scottish record, and it is possible that the young man, like his brother, chose to remain in the service of the English king.

With the desertion of his sons, Earl Malise lost his principal incen

tive for supporting King Edward. He never delivered Macduff and his

sons as instructed. Instead, he set out, in October 1297, with Sir

William Wallace on a raid through Northumberland, an expedition which quickly became infamous for the atrocities committed in the name of freedom for the Scottish nation.5

Earl Malise's treasonable behaviour was once again pardoned by Edward I. It is difficult to understand the unusual spirit of forgiveness which characterised the king's dealings with Strathearn. Perhaps he

continued to hope that he could win Malise to his side, a belief fostered

in part by the friendliness shown him by the earl's sons. Also, the

possibility of gaining the cooperation of an important Scottish earl

i Ibid., ii, 138-9, 141. 2 See below, pp. 140-1.

3 Stevenson, Documents, ii, 251-2; Calendar of the Close Rolls [CCR] (London,

1892- ), 1296-1302, 142.

4 CDS, ii, no. 1027.

5 The attack on Northumberland is described most vividly in A. Gransden (ed.), The Chronicle of Bury St Edmunds 1212-1301 (London, 1964), 142, but see also The Chronicle

of Lanercost 1272-1346, translated by H. Maxwell (Glasgow, 1913), 164-5 and

Scalacronica, The Reigns of Edward I, Edward II and Edward IIItranslated by H. Maxwell

(Glasgow, 1907), 122.




probably outweighed the disadvantages of adding Strathearn to his list

of sworn enemies.

Nothing is heard of Earl Malise during the years 1298-1303. He seems

to have retired to the quiet of his own territories, preferring to observe

political developments from afar. The absence of written record

concerning the earl's movements at this time is regrettable enough for

the lacuna it creates in a survey of his political alliances, but it is

especially frustrating because this period saw Strathearn reconsider for

a second time his decision to support the patriotic cause. He is next found

in April of the year 1303 in receipt of a letter from King Edward I. The

writ commands him, sur lafoy que vous nous deuez, to prohibit his men

from selling to the rebel garrison in Stirling Castle, or buying for it,

provisions or merchandise of any kind, from carrying victuals to it, or

from communicating with the garrison in any manner.1 It appears

that, by 1303, Malise of Strathearn had begun to believe that King Edward was intent on quelling once and for all Scottish resistance to

English rule, and that the subjugation of the country was now only a

matter of time. The submission, in the preceding year, of such an

important national figure as Robert Bruce must have weighed heavily on his mind, and probably contributed in large part to the earl's

decision. Another writ, in which Strathearn is instructed to attend to

the Prince of Wales at Dunfermline, probably dates from around this

time.2 When Prince Edward marched north into Scotland late in 1303, Earl Malise of Strathearn was present in the royal household, as

instructed, over the Christmas season and into the new year. Here, he

dined in the company of the prince, the earls of Lancaster, Warwick, Ulster and Atholl, and with other Scottish and English noblemen.3

Early in 1304 he was again in correspondence with King Edward, this

time concerning the movements of John Comyn and his adherents.4

In the spring of the same year, when he was in Scotland endeavour

ing to consolidate his strength, King Edward wrote Malise once more,

reminding the earl of his allegiance. Strathearn was instructed to

ensure that the fords across the Forth and the surrounding countryside were well guarded with horse and foot, si bien \si/ejforcement commes vous

porrez en tien maniere/ que les gentz/ ne les pays pardecza qui sont a notre pees et a notre foi. ne puissent pas noz enemys de dela? retenire mal/ ne damage. He

also summoned the earl to attend the parliament he had called at St

Andrews, but commanded him to leave most of his men behind to

stand guard at home.5

i P[ublic] R[ecord] Offfice], C47/22/3/67. For an abstract of this letter in English, see CDS, ii, no. 1489. 2 Documents and Records illustrating the History of Scotland [Docs. Hist. Scot.], ed. F.

Palgrave (London, 1837), 284-5.

3 CDS, ii, no. 1516. 4 Ibid., v, no.

346. 5 PRO C47/22/3/68. For an abstract in English, see CDS, ii, no. 1471.




Once again, it is difficult to understand fully the earl's abrupt and

complete reversal of political allegiance. Nevertheless, the fate of a

close family member may constitute the key to understanding Strathearn's motives. Some years earlier, Malise's two youngest sons

had made it clear that they found the English court and the friendship of the English royal house preferable to life in Scotland. Now, in 1303, the unhappy precedent appeared to be repeating itself, for King

Edward had begun to take an interest in the earl's only other son, the heir who had been christened Malise after himself. The young man

is the subject of a memorandum written in 1303, in which the king notes as an item of upcoming business: 'prendre serment defeaute delfuiz du Counte de Stratherne*} He was taken into custody by Edward I as a

hostage for his father's good behaviour following the earl's raid into

Northumberland with Wallace. Strathearn must have sorely regretted the break with Gilbert and Robert, but the possibility of losing his only remaining son and heir to the English represented a price too steep to

pay even for Scotland. Personal considerations aside, such a state of

affairs might entail serious consequences for the future disposition of the earldom.

Earl Malise continued, after 1303, to demonstrate more than just nominal loyalty to King Edward. At an inquisition convened in Perth on 17 September 1304, there was put forth a plea on the part of Sir John de Moubray against the earl of Strathearn.2 The mainpernors for Sir

John stated that Malise had ravaged the lands of Methven, and that

he had taken the castle there by force. The earl's jurors confirmed the

act, but argued that the earl had been driven to this drastic measure

by the treachery of Sir John's father against the English king. The case

appeared to turn against Strathearn and, 'for fear of greater damage', he agreed to pay a fine in compensation to the de Moubray family. His actions placed him more firmly in the confidence of King Edward, for within a year the earl had been entrusted with the prestigious position of lieutenant to the warden north of Forth. He presided in this

capacity over an inquisition held in Perth in June 1305 to investigate the treasonable activities of one of the followers of Sir William

Wallace.3 It was probably as lieutenant, too, that Earl Malise bound

himself, in August 1306, to produce before the king the sons of the

Steward of Scotland and the earl of Atholl.4

He was never given the opportunity to carry out this assignment. In November 1306, King Edward suddenly ordered the arrest of Earl

Malise of Strathearn, and instructed his royal officials in Scotland to

i Palgrave, Docs. Hist. Scot., 294. 2 CDS, ii, no. 1592.

3 Ibid., ii, no. 1689. See also Calendar of Inquisitions Miscellaneous [Cal. Inqu. Misc.]

(Chancery), i, no. 1973. 4 CDS ii, no. 1826.




send the earl into confinement in Rochester Castle.1 Shortly after

these commands were issued, the constable of Rochester received a

letter containing the following orders:

Order to receive Malisius earl of Strathearn . . . and to cause him to be

guarded in some strong chamber within the tower of that castle where

he can be well and courteously kept without iron chains, assigning for

his custody such as are able and know how to keep him securely, so that

he may by day hear mass in the chapel and have other solace, and that

he shall be well guarded at night so that no danger of his escape may

arise in any way. The king wills that the earl and the men thus deputed for his custody shall live at the earl's charge.2

Strathearn's confinement may have been honourable, even com

fortable,3 but there is no mistaking the severity in King Edward's instructions concerning the prisoner's security. The sheriff of Clack

mannan and Auchterarder, Sir Malcolm of Innerpeffray, was also

ordered to be imprisoned, on the charge that he had 'wickedly abetted the earls of Menteith and Strathearn in aiding Robert Bruce, leader of the Scots rebels'.4 Sir Malcolm had become a devoted adherent of the new Scottish king immediately following Bruce's inauguration.

The circumstances surrounding the sudden arrest of Earl Malise

who, since 1303 at least, and probably earlier, had proven himself a

willing subject of King Edward, have been preserved fortuitously in a document of the English Chancery.5 Malise's case was presented before the Lieutenant and Keeper of Scotland, Sir Aymer de Valence, earl of Pembroke, at an inquisition held in Glasgow on 13 July 1307.

The hearing was probably convened as a result of a plea for justice which Strathearn's wife and son forwarded to the king in January of the same year.6 Significantly, the inquest was held only one week after the accession of the Prince of Wales as King Edward II. The new ruler was no doubt anxious to acquaint himself with the facts related to the arrest of an important Scottish earl. He had, moreover, a

personal knowledge of Malise, and had been a friend of the earl's sons, Gilbert and Robert.

In the weeks after he was inaugurated as king in March 1306, Robert Bruce set out across the country in order to gather support, seize a

i Foedera, i, pt. 2, 994-5; Palgrave, Docs. Hist. Scot., 394. 2 CCR, 1302-130J, 422.

3 In June 1307, for example, the earl was in receipt of one and a half quarters of

wheat, presumably for bread, and six barrels of wine, by gift of the king. See CDS, ii, no.

1938. 4 Ibid., no. 1858; CDS, v, no. 512. 5 Palgrave, Docs. Hist. Scot., 319-21, preserves the full text of Earl Malise's 'Memorial presented to the King and Council'. An abstract in English may be found in Cal. Inqu. Misc. (Chancery), i, no. 2029.

6 CDS, ii, no. 1883.




number of strategic castles and, above all, to suppress potential

opponents. According to the record of the inquisition of 1307, soon

after his enthronement King Robert wrote to Malise of Strathearn

through the person of an old friend, Abbot Maurice of Inchaffray,

commanding the earl to attend him to render homage and fealty. Malise declined to do so, asserting that he had given his homage to

King Edward, and that 'he would have nothing to do with Bruce'.

Upon receiving this impertinent reply, King Robert and the earl of

Atholl moved into Strathearn with their combined forces and marched to Fowlis, where one of the chief castles of the earldom was located.

Once again, the king despatched letters commanding the earl to attend

him, but Malise managed to avoid a direct confrontation and to stall

for time by requesting letters of safe conduct. Bruce's forces moved

away from Fowlis after arrangements were made to meet the earl in

the woods near Crieff. With his letters safely stowed in his saddle bags, Malise ventured towards the town in the company of his own men.

There he took counsel with his men and there, too, he received King Robert's messenger, Sir Malcolm of Innerpeffray. With some reluct

ance the earl finally agreed to meet Bruce, 'because he feared for his

lands, and for his body and his life'. Robert immediately demanded

his homage and fealty, and the earl refused once again, claiming that

he had not promised to do so when the meeting was first arranged. Furthermore, the earl asked that he be permitted to withdraw in peace under safety of his letters, presumably so that he might ponder a

situation which was becoming increasingly tenuous and uncomfortable

for him. King Robert exhibited commendable patience with the earl,

granting him a day to mull over his position, and a second meeting was negotiated, this one to take place at Muthill. The earl of Atholl

attempted to reason with Malise, but received only a rebuke and the

taut response that Strathearn loyalty was not sy freel comme la verre.

Enraged, Atholl demanded of King Robert that the letters of safe

conduct be withdrawn. Bruce complied abruptly. The guarantee of

protection was cancelled, and the earl was seized and taken into

custody by the king's attendants, Sir Neil Campbell and Sir Walter

de Logan. He was led away as Atholl sent his men on a punitive raid

through the lands of the earldom.

Strathearn was taken to the Isle of Inchmahome, where he remained

obstinate in his refusal to perform homage to the king of Scots. His

keeper, Sir Robert Boyd, reported his contumacy to Bruce, and urged that the earl's lands be forfeited and that he be put to death as a traitor.

Malise began to grow truly alarmed at the possibility that this suggestion

might become reality, and he agreed, finally, to submit. He performed

homage to Bruce, and was permitted to depart the island in peace. The episode was still far from its conclusion. In mid-June 1306 King

Edward's lieutenant, Aymer de Valence, marched into Perth at the



POLITICAL ALLEGIANCE OF EARLS OF STRATHEARN I45

head of a large army. Bruce found himself in urgent need of levies and

realised that, for better or worse, the time had come to put Malise of

Strathearn's loyalty to the test. A letter commanding the earl and his

host to join the Scottish forces at Caldrochie was despatched, and

Malise found himself caught in a frightful bind. From his stronghold of Kenmore, at the head of Loch Earn, he sent a message to Valence

informing him that he would attempt to meet the English army. But,

by the time the earl was ready to set out on this expedition, word had

reached Robert Bruce of his vassal's treachery. Furious, the king of

Scots ordered a siege of the manor-house at Kenmore, and Malise was

compelled to watch helplessly as the surrounding countryside was once

again put to the sword by Bruce's men. Messages were sent into the

fortress (again, through the person of Sir Malcolm of Innerpeffray),

commanding Strathearn to come to the king, but it was only when two

of Bruce's followers were admitted into the castle as hostages that

Malise agreed to emerge from his secure position to speak with Bruce.

King Robert demanded, on pain of forfeiture, that the earl stand by his oath of allegiance and accompany him to Perth to fight Aymer de

Valence. Malise was again caught in a dangerous dilemma. He

refused to assist the Scots king and fled back into his stronghold,

crying: 'le Cunte nepourta armes ne en conseille [ne] su afer damage negrevance a nostre Seigneur le Roy ne a siens\ Bruce turned his men against the

headland of Kenmore and withdrew towards Perth, robbing and

burning the already ravaged territories of Strathearn on his retreat.

The record of the incident concludes with a plea on behalf of Earl

Malise: CE que en ceste maniere come nous avoms avant presentefu le Cunte tray et deceu et son conduit rumpu et que ceste verite soiet ataint et prove pry le Cunte a nostre Seigneur le Roy et a son Conseille que bon pais de bone gentz et de loiaus

ly soit graunte'. After Bruce left him inside the manor-house of Kenmore,

Strathearn spent some anxious hours meditating his situation. In the

space of just a few days, he had managed to ruin his relations with two

kings. He had incurred the wrath of Robert I, and he no doubt realised

that Bruce's vengeance had been delayed only temporarily by the

urgent necessity to repel Valence's army from Perth. Equally alarming, the earl had pledged the forces of Strathearn to the English, but then had failed to supply the promised men and arms. Malise chose what he deemed the wisest course out of an insoluble position. He remained within the strong walls of his fortress, and forwarded to

Valence the letters which King Robert had sent commanding him to meet the Scots forces, hoping that the English commander would understand his dilemma and excuse his apparent disloyalty. The earl did eventually join the earl of Pembroke, but only after news had reached him of the English victory at the battle of Methven. By refusing to participate actively in the battle itself, Strathearn counted




on being able to argue that neither the Scots nor the English might accuse him of treason. As a final measure, late in June the earl sent

his son to the English king to aid in the pursuit of Bruce. By refusing to attend the English forces in person, Malise once again calculated

that it would be impossible for either King Edward or King Robert

to accuse him of having abandoned his allegiance. These were the

actions of a desperate man, but luck was with the earl of Strathearn.

After the defeat of the Scottish army at Methven, Robert Bruce was

compelled to flee for safety with only a handful of supporters, and was

in no position to punish the earl. King Edward confined Strathearn

to Rochester Castle, and he ordered the imprisonment of the earl's son

Malise at Lanercost,1 but both men escaped the harshness with which

other Scottish rebels were treated.

The jurors of the inquisition of 1307 concluded that Earl Malise

'never sent to King Robert any aid or counsel', then went on to rule

that he had not been involved in any manner in the killing of John

Comyn. This curious, and seemingly incongruous, statement is of some

importance. It is clear from the body of the record that an accusation

of complicity in the murder of the Red Comyn was not seriously con

sidered against the earl. Nevertheless, the mention of the incident indi

cates that King Edward harboured some suspicion that Malise might have been implicated, however remotely, in a design to place Robert

Bruce on the throne. It has been argued very convincingly that Edward

'knew of Bruce's consuming ambition for the Scottish throne, knew that

he had played Bruce false over it, and knew that Bruce now, with the

collapse of the Balliol right, had an alternative?rebellion'.2 When the

newly-crowned King Robert I rode into Strathearn soon after his

accession, Edward probably came to suspect some collusion between

Bruce and the earl. There is, in fact, no reason to believe that Malise

supported Bruce's drastic disposal of his Comyn rival, especially since

the countess of Strathearn was a relative of the dead man. The con

flicting news reports emanating from Scotland in the days and weeks

after the coronation must lie at the root of King Edward's uncertainty. The findings of the inquisition of 13 July 1307 did not altogether

convince Edward II of the wisdom of releasing Malise of Strathearn.

In November, arrangements were made for the transfer of the earl

from Rochester to York Castle.3 As earlier, the conditions of Malise's

second phase of captivity were severe, yet honourable. He was per mitted to have with him at York not only two yeomen and two

servants, but his wife and two of her damsels.4 A chaplain, 'who is to

i CDS, v, no. 462.

2 A. A. M. Duncan, 'The Community of the realm of Scotland and Robert Bruce:

a review', ante, xlv (1966), 199.

3 CCR, 1307-1313, 9; CPR, 1307-1313, 19; CDS, iii, no. 22.

4 CCR, 1307-1313, 10.




be an Englishman', was placed in the little household, probably to

collect whatever information might be of use to the king. As a further

precaution, instructions were issued for the continued custody of the

earl's heir Malise, now at Carlisle.1 The young man was detained in

England until 1310.2 Earl Malise remained in strict confinement for some months. When

Nicholas Balmyle was elected bishop of Dunblane late in 1307 the pope addressed the letter announcing the consecration 'to Earl Malise or

another who may hold the place of the earl'.3 Strathearn was only released, in fact, one year later. On 18 November 1308, Sir Patrick

of Dunbar, Sir Robert de Thony (Malise's English son-in-law), Sir Alexander Abernethy (whose mother had been Malise's step

mother) and Sir Henry St Clair stood as his mainpernors and pledged, on pain of forfeiture, that Malise Earl of Strathearn cbien et loilment se

tendra a lafoi nostre Seigneur le roi\* He was granted his freedom only on condition that he remain in England, and that he undertake never

to leave the country (especially to visit Scotland) without the king's

special permission. In December, then again in June 1309, the

mainpernors were called upon to warrant Earl Malise's good behaviour.5 Twelve months later, in the summer of 1310, Strathearn

had finally reinstated himself in the eyes of King Edward II, and was

released from his obligation to remain in England.6 Thereafter, relations between the earl and the English Crown continued in a

cordial vein. Indeed, the earl chose not to return to his native Scotland. In 1310-11 he was in receipt of a small pension from the king; around the same time he and his countess were gifted ?7 12s to put towards the expenses of the household they were then maintaining in

Berwick.7 Malise of Strathearn proved his ultimate loyalty to Edward II when he travelled north in 1312 to join the English garrison in Perth, and helped to hold the town against the assault of King Robert's army the following January.8.

The years 1297-1313 had proven dangerous, uncertain and un

happy. The convictions which dictated the political affiliations of Earl Malise of Strathearn were not, however, far different from those which

i CDS, ii, no. 1971. 2 Ibid., iii, nos. 121, 299. Bain dated one of these documents 1312-3, but it almost

certainly belongs, rather, to the years 1309-10. 3 Cited in Barrow, Robert Bruce, 248. The patron of the see of Dunblane was the earl of Strathearn.

4 Rotuli Scotiae in Turri Londinensi et in Domo Capitulari Westmonasteriensi Asservati

[Rot. Scot.], edd. D. Macpherson and others, 2 vols (Record Commission, 1814-19), i> 59

5 Ibid., 62, 65. 6 Ibid, 93, 94. 7 CDS, iii, nos. 192, 208. 8 J. Barbour, The Bruce [Bruce (Skeat)] (Scottish Text Society, 1894) i, 221, 225. See below, pp. 148-9.




motivated some of his fellow barons. At least seven other earls were

lukewarm, if not actually hostile, to King Robert during the early years of his rule. Many felt personal antagonism towards Bruce, 'not

because', as has been noted, 'they were on principle pro-English and held English estates but because they could accept neither the over

throw of the Comyns nor the claims of Bruce, in their view a plain usurper'.1 This statement is especially pertinent to the situation of

Malise of Strathearn. He bore no enmity towards the patriotic cause;

indeed, as has been seen, he had genuinely supported it in the 1290s. But a decade and more later, he had come to believe that this cause

required more sacrifices than he was willing to make. Equally import ant, he felt no obligation towards the man who had murdered his wife's kinsman. Finally, there must be taken into consideration the con

servatism which characterised the titled nobility of Scotland in general

during the early part of Bruce's reign, and which is so apparent in the earl's political affiliations after 1297. Because of the position which

these men occupied in Scottish society, they had most to lose should the English triumph in their efforts to subdue the country, Malise of

Strathearn no less than anyone else.

It is difficult, nevertheless, to understand the earl's decision to settle in England after his release from captivity by King Edward II. The reasons are probably not very complicated. In 1310, however admir

able in his tenacity, Bruce was still a long way from commanding the

allegiance of the majority of his magnates, and still had a long struggle ahead of him to free his realm entirely of English control. Strathearn

probably believed that he had tempted fate often enough, and life in

Scotland had brought nothing but trouble since the 1290s. He had chosen to support the patriotic cause and had been punished for his

decision; he had then given his allegiance to the English king and had

suffered reprisal for that, too. In England he could lead a relatively secure and peaceful existence, and still enjoy the title of earl of

Strathearn, with the revenues and prestige incumbent upon that

honour. Finally, the earl was almost fifty years of age in 1310,2 and was quite simply weary of paying for his political indiscretions. He

probably welcomed the opportunity to retire from the dangers of the

political arena.

Earl Malise is last referred to in John Barbour's account of the siege of Perth in 1313. It is retold there that when Bruce broke through the

defences of the town and the Scottish forces marched into the streets, one of the most important member of the defending garrison, Earl

Malise of Strathearn, was taken into custody by his own son and

brought before King Robert:

i Barrow, Robert Bruce, 220.

2 He was born around 1261.




Of Strathern als the inside erll was thar Bot his sone and of his men war

Vithout, in-to the kingis rout.

The vardanis bath tharin war tane,

And Maliss of Strathern is gane Till his fader, the erl Maliss, And this strinth tuk him and all his.1

The elder Malise was not forfeited by the king of Scots. The fierce

loyalty of the younger Malise to Robert Bruce, examined below, stood

his father in good stead, and probably spared the family not only its

landed possessions, but the life of the old earl himself. Earl Malise dis

appears from written record after the incident in Perth. An untraced

manuscript of Sir James Balfour of Denmilne notes that he died in 1313 and was buried in the chapel of St John the Evangelist at Inchaffray, to the right of the high altar.2

The troubled career of Earl Malise of Strathearn, filled with periods of uncertainty and immense personal concern, stands in sharp contrast to the years of unwavering service which his son and heir rendered to

King Robert I. It is true that when the younger Malise succeeded to

the title of earl, Bruce had won the support of most of his countrymen, and the conscience-searching which the old earl suffered was not

required of his son. Nevertheless, the young heir chose the patriotic cause at an early age, during a period which was far from settled, and at a time when his father was on friendly terms with the English

Crown.

It has been noted that in June 1306, from his stronghold on Loch

Earn, Earl Malise sent his son to the English king in a desperate attempt to compensate for his failure to join the forces of the earl of Pembroke in Perth. Edward ordered the arrest of Strathearn, and detained his son as a hostage at Lanercost. In October of this year, the

king made arrangements for the knighting of the young Strathearn heir.3 It was not uncommon for the sons of noblemen to be knighted in a solemn ceremony presided over by a king or other feudal superior, and the inclusion of a number of young Scottish nobles on this occasion

probably reflects a wish on the part of Edward I to win the support and, more important, the liege homage of potential enemies from north of

the border. In 1307 Earl Malise's son was transferred to Carlisle Castle, where

he lodged with the sons of the earl of Menteith. His confinement con

tinued to be honourable: he received, for example, a gift of victuals,

i Barbour, Bruce (Skeat), i, 220, 225. 2 See Inchaffray Chrs., p. lxvii.

3 CDS, v, no. 462.




salt and firewood at the hands of the king.1 It was from this prison that, with his mother the countess, the young man wrote to Edward I

requesting that the king review the charge of treason laid against his

father,2 an appeal which probably prompted the inquisition of the

following July. Countess Agnes was permitted to join her husband in York Castle some time after the inquest, but the younger Malise remained a captive in Carlisle as a guarantor for his father's loyalty.

Malise was freed sometime between March 1309 and January 1310. He was detained in England for some months, probably subject to an

injunction similar to that which prohibited his father from returning to Scotland.3 Like his parents he, too, was in receipt of a modest

pension and occasional gifts of wine from the king.4 But, whereas

Strathearn remained a steady adherent of the English Crown after his

disgrace in 1306, Edward II's gratuities (and perhaps his threats) exerted little influence on the earl's son and heir. Young Malise travelled to his native land later in 1310 and immediately joined the

steadily growing number of Bruce's followers. As noted, he was a

member of the Scottish force which besieged and stormed the town of

Perth in 1313, where he captured his father and delivered him to

Robert Bruce. Barbour concludes his narrative of the incident in the

following manner:

Syne, for his sake, the nobili king Gaf hym his land in gouernying.5

These verses, which refer to the younger Strathearn, invite several

interesting suggestions. In first place, it is known that the old earl was

not forfeited by King Robert for his treasonable role in the resistance

of Perth, nor indeed for his past indiscretions. Historians have

assumed that, because official record concerning the earl ceases after

1313, he must have died soon after the siege. The verses in Barbour's

Bruce, however, should perhaps be interpreted to signify that the title

of earl was taken from the elder Malise, and bestowed upon his more

politically sympathetic son, together with the lands of Strathearn.

Bruce may even have promised this prize to the young heir as a reward

for his years of faithful service, and as consolation for the personal conflict he had suffered by breaking with his father.

This suggestion in turn helps to explain why the old earl became

involved once again in Scottish affairs after his years of quiet retire

ment in England. His son had been a staunch supporter of King

i Ibid., ii, no. 1971. 2 Ibid., no. 1883. 3 Rot. Scot., i, 59.

4 CDS, iii, nos. 121, 299.

5 Barbour, Bruce (Skeat), i, 225.



POLITICAL ALLEGIANCE OF EARLS OF STRATHEARN I5I

Robert since 1310, and the earl may have guessed, or been informed, that the Scots king intended to bestow the earldom prematurely on the

younger man. Here, then, was the long expected retribution for the

treachery which Malise had committed against Bruce in 1306. The

decision to aid in the defence of Perth may have represented an attempt on the part of the old earl to prevent the proposed plan from being put into effect.

This theory, finally, accounts for the text of a curious charter of

Scone Abbey belonging to the early fourteenth century. It is most

unfortunate that the original deed remains untraced,1 but the full text

is preserved in an original charter of inspeximus, issued in 1361 by

Bishop Jonathan of Dunkeld.2 The episcopal charter cites the con

tents of a grant made by the elder Earl Malise, but to the list of attestors

there is appended the unusual sentence: 'And I, Malise earl of

Strathearn, confirm this my father's donation and in recognition of this

confirmation I hereby append my seal'. A printed version of the

original charter, taken from an extant copy, also includes this sen

tence.3 It is surely no coincidence that, although ostensibly issued

under the authority of the old earl of Strathearn, the testing clause of

the charter includes the names of men known to have been followers

of the younger Malise in the period after 1313. The numerous incon

sistencies of this document make most sense when the theory posited above is accepted. After the siege of Perth, Earl Malise of Strathearn

was divested of his title and lands and, although he was permitted to

live in peace, his son was installed as earl in his stead.

The career of the young earl after 1313 provides less dramatic

reading than the account of the years preceding the siege. He visited the court of his friend King Robert fairly regularly. In 1317 he is noted as having been in the king's peace,4 an indication, perhaps, that the elder Malise had died, and that the earldom of Strathearn was now

completely reconciled with the royal house of Scotland. In 1320, Malise the younger was one of eight earls and over thirty

Scottish barons whose seals were appended to the Declaration of Arbroath.5 When, some months later, Pope John XXII forwarded a

studied reply to the Scots nobility, Malise was one of the principal

i It is not listed among the muniments of the earl of Mansfield compiled by the National Register of Archives (Scotland). A patient search for the whereabouts of the

charter by the staff of the NRA(S) during the years 1981-3 failed to locate it. 2 Liber Ecclesie de Scon [Scone Liber] (Bannatyne and Maitland Clubs, 1843), no- l7^ 3 Scone Liber, no. 145. Without access to the original, however, it is impossible to ascertain whether the final line is inscribed in a different hand.

4 Barrow, Robert Bruce, 388, citing an unpublished manuscript of A. A. M. Duncan.

5 See, for example, Sir J. Fergusson, The Declaration ofArbroath (Edinburgh, 1970), 49. It is uncertain whether or not Malise attended the council which met at Newbattle

Abbey in mid-March 1320 to discuss the contents of the letter. See G. G. Simpson, 'The Declaration of Arbroath revitalised', ante, lvi (1977), 19-21.




addressees.1 The earl was not implicated in the Soules conspiracy of

that year, although his mother, Countess Agnes, was tried, convicted

and sentenced to lifelong imprisonment for her part in the plot.2 King Robert did not suspect the earl of any complicity whatsoever; indeed, an old Perthshire legend recounts that Agnes was permitted by Bruce

to live out her years of confinement in comfort in one of her son's

castles.

For the younger Malise, there had never been any question about

the advisability of opposing the designs of the English Crown for sub

jugating the nation of the Scots. The nature of the written record which

has survived from the first three decades of the fourteenth century does

not permit historians to discover the thoughts which occupied the mind

of the young man, and it will never be known just why he adopted the

drastic measures of renouncing his father and risking his inheritance

to fight for Scotland. Nevertheless, it is useful to speculate on these

matters, because dissension among families during the years of the war

was not unique to Strathearn.

In the first place, the young earl no doubt harboured a personal

grudge against the English royal house. His two brothers had been

carried off to England forcefully and then, wooed by the gifts of King Edward I, had chosen to abandon their family. Malise's father, too, had gone over to the English, a reversal of allegiance which was all the

more shameful because the earl had previously proven himself an en

thusiastic supporter of the patriotic cause. Personal considerations

aside, the young man had a material concern for his own future as a

Scottish baron. If the old earl gave his loyalty to the English simply in an effort to preserve his title in the event of an English victory, the

younger man had a similar worry. Unlike his father, he believed that

the Scots would emerge triumphant from the war, and he had no wish

to be found supporting the wrong party when peace was finally achieved.

The younger Strathearn was certainly more fortunate than his father

with reference to one particular matter. The death of King Edward I

in July 1307 constituted a psychological turning point in the struggle

against England; in the words of one historian it was 'an event from

which King Robert's cause could draw immeasureable en

couragement'.3 The former Prince of Wales lacked the savage deter

mination which had characterised his father's relations with Scotland, and the fear of wanton slaughter and brutal retribution diminished in

some measure when he succeeded to the throne. The younger Malise

was never made to suffer the wrath of the Hammer of the Scots to the

1 Vetera Monumenta Hibernorum et Scotorum Historiam Illustrantia, ed. A. Theiner

(Rome, 1864), no. ccccxliii. 2 Chron. Fordun, Gesta Annalia, i, 348-9.

3 R. Nicholson, Scotland: The Later Middle Ages (Edinburgh, 1978), 77.




same degree that his father had been, and the weaker figure of Edward II presented

a less onerous enemy.

Finally, and perhaps most important, the younger Strathearn was

moved to anger against his father from purely nationalistic sentiment. The War of Independence had broken out because the English king had violated the trust and confidence which the people of Scotland had

placed in him in 1291. They had no intention, then, of permitting their

country to become a fief of the English Crown; two decades later men

such as Malise of Strathearn were still willing to risk all in defence of

this conviction.



The Political Allegiance of the Earls of Strathearn during the War of Independence

Documents

Transcript of The Political Allegiance of the Earls of Strathearn during the War of Independence