Stirling surrendered and Wallace a fugitive, Edward went home and meditated measures for the government of the conquered country. While yielding no point of substance, he recognised the policy of conciliation in form. He took counsel with the Bishop of Glasgow, the Earl of Carrick, and Sir John de Mowbray; and, ostensibly guided by their suggestions, he appointed a meeting of ten Scots and twenty English representatives to be held in London in the middle of July. The meeting was subsequently postponed to September. On September 23, all the representatives were 'sworn on our Lord's body, the holy relics, and holy Evangels, each severally.' The joint commission settled ten points, which were embodied in an Ordinance—'not a logical or methodical document,' but 'mixing up the broadest projects of legislation and administration with mere personal interests and arrangements.' First, the official establishment was set forth: Sir John de Bretagne, junior, Edward's nephew, being appointed King's Lieutenant and Warden, Sir William de Bevercotes Chancellor, and Sir John de Sandale Chamberlain. Next, Justiciars were appointed, a pair for each of the four divisions of the country. Then a score of Sheriffs were named, nearly all Englishmen, though Scots were eligible. Thereafter, the law was taken in hand: 'the custom of the Scots and Brets' was abolished; and the King's Lieutenant, with English and Scots advisers, was 'to amend such of the laws and usages which are plainly against God and reason,' referring difficulties to the King. For the rest, the articles were mainly particular. One of them applied specifically to Bruce: 'The Earl of Carrick to place Kildrummy Castle in the keeping of one for whom he shall answer.' The King confirmed the Ordinance at Sheen. At the same time (October 26), apparently, the King's Council for Scotland—twenty members, including the Bishop of St Andrews, the Earls of Carrick, Buchan, and Athol, Sir John Comyn, and Sir Alexander of Argyll—was sworn in. Bretagne was unable to proceed to Scotland till Lent (and then till Easter), and meantime a commission of four was appointed to act for him, the first commissioner being the Bishop of St Andrews.
The King rejoiced at the sure prospect of peace in Scotland. The country was outwardly quiet. Edward had put on the velvet glove. He had restored submissive barons, knights, and lairds to their lands; he had that very day at Sheen doubled the periods within which they might pay their several fines; and he had displayed a general friendly consideration in his Ordinance. A fortnight before (October 14), he had instructed all the English sheriffs that he desired honourable and courteous treatment to be shown to all Scots passing through their jurisdictions. In a short time, he was contemplating a more complete assimilation of the two countries, to be arranged in a Union convention at Carlisle. But, in February next, the whole face of affairs was suddenly transformed by the report that Sir Robert de Brus, Earl of Carrick, had done sacrilegious murder on Sir John Comyn at Dumfries.
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The accounts of the train of events leading to the death of Comyn, though agreeing in essentials, vary considerably in details. The Scots story may be told first. Fordun, like his compatriots, colours his narrative deeply with the fanciful glow of Bruce's patriotism. He tells how Bruce 'faithfully laid before Comyn the unworthy thraldom of the country, the cruel and endless torment of the people, and his own kindly project for bringing them relief.' Bruce, he says, 'setting the public advantage before his own,' proposed to Comyn two alternatives: either take you the crown and give me your lands, or else take my lands and support my claim to the crown. Comyn chose the latter alternative; and the agreement was guaranteed by oaths and embodied in indentures duly sealed. Eventually, however, Comyn betrayed Bruce's confidence, 'accusing him again and again before the King of England, by envoys and by private letters, and wickedly revealing his secrets.' Edward acted with restraint: he sounded Bruce; he even showed him his adversary's letters; he feigned acceptance of his explanations. One evening, however, 'when the wine glittered in the bowl,' he expressed his definite determination to put Bruce to death on the morrow. On hearing this, the Earl of Gloucester at once sent Bruce a broad hint in the form of twelve pence and a pair of spurs. Bruce promptly mounted his horse, and rode day and night to his castle of Lochmaben. As he was nearing the Border, he met a messenger of Comyn's bearing to Edward the very bond he had made with Comyn. He struck off the man's head and hurried on his way. By appointment, he presently met Comyn in the church of the Friars Minorites at Dumfries. He charged Comyn with treachery. 'You lie!' replied Comyn. Whereupon Bruce stabbed him on the spot. The friars stretched Comyn on the floor behind the altar. 'Is your wound mortal?' he was asked. 'I think not,' he replied. The hopeful answer sealed his fate. 'His foes, hearing this, gave him another wound, and thus, on February 10,[1] was he taken away from the world.'
According to Barbour, the alternative proposal proceeded, not from Bruce, but from Comyn, which is far from likely; and it was made 'as they came riding from Stirling,' presumably—Blind Harry, indeed, expressly says so—when Edward and his barons were going home from the siege. Barbour goes beyond Fordun in stating that Comyn actually rode to Edward and placed in his hands the indenture with Bruce's seal. Thereupon, he says, the King 'was angry out of measure and swore that he would take vengeance on Bruce' for his presumption, summoned a council, produced the bond, and demanded of Bruce whether the seal was his; but Bruce obtained respite till next day in order to get his seal and compare it with the bond, and fled the same night with the document in his pocket. The embellishments of later writers—the conversion of Gloucester's twelve pence into other coins, the reversal of Bruce's horses' shoes because of the new-fallen snow, and so forth—need not be considered. Barbour makes no mention of an appointment: Bruce rode over to Dumfries, where Comyn was staying, and the tragedy was enacted. Barbour has the same outline of the interview as Fordun, but he remarks that other accounts were current in his time.
A picturesque tradition tells how Bruce, on striking the blow, hurried out of the church to his friends, whereupon Roger de Kirkpatrick and James de Lindsay, seeing his excitement, anxiously inquired how it was with him. 'Ill!' replied Bruce; 'I doubt I have slain the Red Comyn.' 'You doubt!' cried Kirkpatrick; 'I'll mak' siccar' (make sure). And they rushed into the church and buried their daggers in Comyn's body. But if the Justiciars were then sitting, and Roger de Kirkpatrick was still one of them—for he and Walter de Burghdon were appointed Justiciars for Galloway on October 25—there may be some difficulty in accepting the tradition.
The English story commences in Scotland, and it introduces a very important element wholly absent from the principal Scottish versions. The English authorities expressly allege a deliberate purpose on Bruce's part to rid himself of his rival. Both Hemingburgh and the Lanercost Chronicler state that Bruce sent two of his brothers, with guileful intent, to invite Comyn to an interview; Hemingburgh names Thomas and Nigel. The fullest account is given by Sir Thomas Gray, who wrote in 1355—just half a century later, but still twenty and thirty years earlier than Barbour and Fordun. Gray records that Bruce dispatched his brothers, Thomas and Nigel, from Lochmaben to Dalswinton, where Comyn was staying, to invite him to meet Robert in the church at Dumfries; and, moreover, that he instructed them to fall upon Comyn on the way and kill him—a purpose thwarted by the softening effect of Comyn's kindly reception of the youths. 'Hm!' said Bruce, on hearing their report, 'milk-sops you are, and no mistake; let me meet him.' So he advanced to Comyn, and led him up to the high altar. He then opened the question of the condition of Scotland, and invited Comyn's co-operation in an attempt at freedom on the terms already mentioned as contained in the alleged bond between them. 'For now is the time,' he said, 'in the old age of the King.' Comyn firmly refused. 'No?' cried Bruce, 'I had other hopes in you, by promise of your own and of your friends. You discovered me to the King by your letters. Since while you live I cannot fulfil my purpose, you shall have your guerdon!' On the word, he struck Comyn with his dagger, and some of his companions completed the crime with their swords before the altar.
Hemingburgh works up artistically the pacific bearing of Comyn in the face of Bruce's accusations; and this would be likely enough if it be true that Comyn was unarmed and attended by but a small escort. The writer of the Merton MS. of the Flores Historiarum, who says Comyn was unarmed, states that he endeavoured to wrest Bruce's weapon from his hand; that Bruce's men rushed up and freed their leader; that Comyn got away to the altar; and that Bruce pursued him, and on his persistent refusal to assent, slew him on the spot.
A distinct English variation occurs in at least five of the records. The Meaux Chronicle states that Bruce, on returning to Scotland after the settlement of the Ordinance, summoned the Scots earls and barons to Scone to consider the affairs of the realm, and put forward his hereditary claim. He received unanimous support, except that Comyn stood by his oath of fealty to Edward, rejected Bruce's claim with scorn, and at once left the council. The council was adjourned to a future day at Dumfries. Meantime Bruce sent Comyn a friendly invitation. Comyn appeared at Dumfries and was cordially received by Bruce, but still he maintained his objections, and again he left the council. Bruce drew his sword and followed him, and ran him through the body in the Church of the Friars Minorites. The Cambridge Trinity College MS., it may be noted, states that Bruce sent his two brothers to invite Comyn to meet him at the 'Cordelers' of Dumfries; and Geoffrey le Baker makes Bruce kill Comyn in the midst of the magnates. But these councils may safely be set aside as grounded on misconceptions.
The English allegation of Bruce's purpose of murder seems to invest with a special interest Blind Harry's casual story, with its coincidences and discrepancies. Bruce, says Harry, charged his brother Edward, whom he found at Lochmaben on his arrival, to proceed next day with an armed escort to Dalswinton, and to put Comyn to death, if they found him; but they did not find him.