Fraser's view of the signs of the times, if not mistakenly represented by Kingston, would further show how slight was the English hold on Scotland.
During the remainder of the year, large quantities of provisions and war material were pressed forward to the castles south of Forth; each castle made a foray as it found opportunity; and occasionally combined forays were made, with special precautions, particularly into Selkirk Forest. One of the most important of these combined expeditions, devised at Berwick on December 1, was to start about the middle of the month for Stirling, which was in want of supplies. Sir John de Kingston was head organiser, and horses were requisitioned as far south as Norham. In these arrangements, full confidence appears to be extended by the King to Sir Simon Fraser. It may also be noted that on November 19, Earl Patrick had been appointed Captain of the Forces and Castles on the East March of Scotland south of Forth.
The summonses for next year's expedition against Scotland were issued in good time. On September 26, the army was ordered to assemble at Carlisle on Whitsun eve. On December 12, orders were issued to various sheriffs and other officers in England to forward provisions to Berwick, and to the high officers of State in Ireland to forward provisions to Skinburness, in each case by the same date (June 6). Edward was in hot mood. He was determined to attack the malignant rebels next summer 'in great power,' and to annihilate them (in eorum summum exterminium). The language of his writs is somewhat difficult to reconcile with laudation of his tenderness and sense of justice. The great expedition, however, did not start at Whitsunday, as Edward had proposed in the preceding September. Barons had proved recalcitrant; and the King's wrangles with them over further ratification of the great Charter had been kept up through the year, till Edward was compelled to yield to their demands.
One of the annalistic records ascribed to Rishanger states that Wallace, together with his brother—probably Sir Malcolm—the Earl of Athol, and many others, lay in hiding after Falkirk. That is to say, finding open opposition impossible, Wallace resumed his guerrilla tactics. No doubt he had separated himself from the untrustworthy nobles, and determined to maintain resistance as and how his men and means would allow him.
In the early summer of 1299, Lamberton had gone to the court of France, probably at the instance of Wallace, to seek the aid of Philip. Edward got news of this, and between June 10 and August 20, he issued safe-conducts in favour of the masters of half a dozen vessels of Winchelsea and Rye, whom he had directed to keep a look-out and intercept the Bishop and his company, 'who have already come into Flanders, prepared to go into Scotland.' The attempt was unsuccessful. Lamberton's mission, however, did not prove fruitful, at least directly. Through the good offices of the Pope, peace had been patched up between Edward and Philip; and indeed there were already in negotiation two royal marriages—one between Edward and Philip's half-sister Margaret, which was celebrated at Canterbury in the following October; and one between Prince Edward and Philip's infant daughter Isabella, who were betrothed on May 20, 1303, and married on January 25, 1308.
During Lamberton's absence, Wallace was no doubt actively engaged, though there remain no records to show clearly how or where. It may be that this is the occasion when John the Marshal, bailiff of the Earl of Lincoln in the barony of Renfrew, despatched to Edward an urgent request for aid. The Guardian of Scotland, with 300 men-at-arms and a multitude of foot, who had lurked in Galloway, he says, had entered Cunningham after the King's son, had taken his bailiffs, with other freeholders there, and had made a fine for their heads, and had totally rebelled against their late fealty. Unless he have immediate aid, he cannot defend the barony against so many Scots. To the same time evidently belong undated petitions to the King from the Abbot and convent of Sweetheart, and from the Abbey of Our Lady of Dundrennan, which show that the English power in Galloway was totally inadequate to stem the advances of the Scots. Was Wallace still 'the Guardian of Scotland'? Or does the incident belong to 1300 or 1301, the (local) 'Guardian' being Comyn?
It was probably Lamberton's report that determined Wallace to go to the Continent in person. In spite of occasional successes, it must have appeared to him all but hopeless to maintain any effective resistance to Edward in the divided state of the Scots counsels, unless some external aid could be procured, either directly in support of the Scots, or indirectly in restraint of Edward. On the failure of his envoy, he seems to have resolved to sheath his sword for a time, and to proceed to Paris, and, if need were, to Rome, in quest of support. There can indeed be no doubt that the inherent weakness of the situation had been pressing severely upon him ever since the battle of Falkirk; and it is likely enough that he had already provided himself with letters of safe-conduct. Was it at this time that he formally resigned the office of Guardian?
On August 19, 1299, there was a remarkable gathering of the Scots nobles at Peebles. An account of the proceedings is given in a letter of August 20, addressed to Edward by Sir Robert Hastings, the castellan of Roxburgh, from information obtained through a spy. The Scots had made a vigorous inroad on Selkirk Forest. The nobles present were 'the Bishop of St. Andrews, the Earls of Carrick, Buchan, ... and Menteith, Sir John Comyn the younger, and the Steward of Scotland.' The council board was ringed with dissension. Sir David de Graham demanded Sir William Wallace's lands and goods, because 'he was going abroad without leave.' Sir Malcolm Wallace, however, the hero's brother, interposed objections; and presently 'the two knights gave each other the lie, and drew their knives.' This was but a prelude. Sir John Comyn took the Earl of Carrick, the future King, by the throat; and the Earl of Buchan laid violent hands on the sacred person of the Bishop of St. Andrews.
The question that generated so much heat was an election to the Guardianship. The physical encounters indicate clearly the division of parties: it was a struggle between the Comyn and the Bruce influence. Wallace himself, of course, had washed his hands clean of ambitious nobles, but his Bishop naturally stood by Bruce against Comyn. The Bruce party gained the day. The final agreement, as the letter correctly states, was, that the Bishop of St Andrews, the Earl of Carrick, and Sir John Comyn should be Guardians of the realm, the Bishop having custody of the castles as principal. Sir Ingram de Umfraville, who had taken a conspicuous part in the inroad, was made Sheriff of Roxburgh, and Sir Robert de Keith Warden of Selkirk Forest, with 100 barbed horse and 1500 foot, besides the foresters, to make raids on the English march. Leaving a portion of their men with Umfraville, the lords departed the same day; the Earl of Carrick and Sir David de Brechin going to Annandale and Galloway, the Earl of Buchan and Comyn to the north of Forth, and the Steward and the Earl of Menteith to Clydesdale. The Bishop of St. Andrews was to stay in the meantime at Stobo. The election was obviously a mere arrangement between the parties, backed by their immediate henchmen; but that did not hinder them from speaking, in their official documents, in the name of the community of the realm.
Edward was as eager as ever to quell the perverse Scots. On September 18, he summoned a levy of 16,000 men to assemble at Newcastle-on-Tyne by November 24. He was still delayed, however, by his recalcitrant barons; and on November 16 he issued a fresh summons for his army to meet him at Berwick on December 13. Meantime the Scots Guardians, who were investing Stirling, had intimated to him on November 13 their willingness to cease hostilities on the basis of the proposals the King of France had made to him. Edward ignored their offer, however, and proceeded to Berwick, with the determination to raise the siege of Stirling. But at Berwick his magnates proved intractable; and he was compelled to abandon Stirling to its fate, and returned to London. The garrison of Stirling soon after surrendered, having suffered cruel privations.