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slain at the battle of Bannock' Burn on 24th of June 1314, 
where fell on that day, say the Scots Historians, 50,000 
English. This much, however *, we may believe of the 
traditions of this country, that it was so much depopulated, 
that the men left were not suffered to sleep more than two 
nights with one woman, but went from house to house to raise 
seed in the land. 
  
The advantage gained by the Scots there, and shortly after, 
made them claim an equal right with the Kings of England to 
appoint governors of the marches; but I do not find they 
obtained it till the beginning of the reign of Richard the 
II. when it was settled each to choose one, viz. Henry Percy 
Earl of Northumberland on the part of the King of England, 
and Archibald Douglas Lord of Galway on the part of 
Scotland. The messages which past between these two Wardens 
before their meeting is no ways interesting, but a fulsome 
ceremony, for which (see Nicholson and Burn's Westmorland, 
p.24.) 
  
After the meeting of the said Earls Percy and Douglas, the 
following indenture was made, in which he is called only 
Lord of Galway, but the Scots historians call him Earl 
Douglas. 
  
'Yis endenture, made at ye water of Eske, besid Salem, ye xv 
day of Marcz ye zher of our Lord i/m ccc xx/iiii and iiii. 
betwixt noble lardes and meghty Siris Henry Percy Erle of 
Northumbr' of the ta part, and Archibald of Douglas Lord of 
Galway on ye tayir parte, conteneys and berres witnes, that 
day of radress sal be halden betwixt yem in propre persons, 
at the place beforesaide, ye xix day of Averil next for to 
cumme, wht ye continuation of days, for to do and tak full 
radress and execution of all things don betwixt yair boundes 
apan the west marche, begynande ye xiiii day of Octobr to 
Candlemas day last passyt: And yan it fell in speech betwixt 
the forsayd Lords, that in entent of common profit of bathe 
reaumes gif hit meght happen of langer trewes, or els of 
pees (gif God vald vouche saufe,) and also, for the time is 
to schort to make full redrass beforsayd, the forsayd Lords 
are accordit in specialite, as after folowes: yat is for to 
say, the Erle of Northumbr for him and for the Lord Nevill, 
and the Lord of Galway for the Erle of Douglas and for 
himself, yat special and assurance sall be betwixt thaim and 
thair boundes, betwixt this and the first day of July next 
for to come, contenant and hav and the force and effect in 
all poyntez as the next trew gangand before. Als it is 
accordit, that durant the tyme beforesayd nane of the Lords 
beforesayd, ne nane of their boundes, sal do skaithe to the 
of tha boundes of the tothir partie; bot the sal ger it be 
redressit, als lawe of marche will enterchaungeably. And gif 
it happins that any gretter awir of the ta reaume, or of the 
tothir, schapes for to wht Ofte, ilken of the Lords 
beforsayd, enterchaugeably sall set let thairin at thair 
powar; and in cas tha ma noght let it, thai ger warne the 
tother part of xv days, and thai sall noght be at that 
rydyng, but thay sall lely thaim of thair boundes at thair 
power, for owten fraude or gile. And also it is accordit, 
that this condition of speciall trewe and assurance sall 
stand and be ephit fullely by see als well as for theis 
boundes be lande, as the trewes beforesayd askys. And also 
it is accordit, that giff hir specialx trewes likes to the 
Erle of the marche to be compriset whtin, thanne that thei 
sall stand furght for hym and his boundes, and he sall stand 
for hym and his boundes under the samen condition anentys 
thaim and thair boundes. And giff thir covenantez beforesayd 
likis or mislikis to the forsayd Erle of Northumbr', or to 
the Lord Nevill, they sall certifie be thair letters, or be 
on of thaires, upon black Monday that next commis, before 
none, at the chapel of Salom, be the water of Eske; and in 
the samen manere gif it likis or mislikis to the Erle of 
Douglas or to the Lord of Galway, thai or ane of thaim sall 
certfie be letter, at the place, day, and oure, beforesaid. 
And in case giff thai certifie that this specialtie stand, 
that that day that chuld be halden xix day of Averil chall 
be chot to the xv day of May next to cumme, to be halden 
inall force and effect as the xix day of Averil; and the day 
on the east march sall be delayd in the samen manner as it 
is indentil to be halden the xxix day of May. And also it is 
accordit, that all prisoners taken on both the sidis sall be 
freely delivered, and all their bows frethit. Also it is 
accordit, gif ony stellis, authir on the ta part or the 
tothyr, that he sall be hengot or heofdit, and the remnant 
sall restore the gudys stollen in the double. In the wittnes 
of the wische thinges, lely to be halden and fullfillyt, the 
foresayd Erle of Northumbr' and the Lord of Galway hath sett 
their signetts enterchangeably in absens of thair selles, 
day and the yer beforesayd." 
  
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