Having disposed of the Flemish pirates, Andrew Barton resumed his operations, under letters of marque, against the Portuguese, and captured, during following years, a good many vessels under that flag; nor were his brothers idle. One cannot help wondering whether the Barton family had not by this time exacted more than adequate restitution of their losses of five-and-thirty years previously; and, as we know, it was of the essence of such authorised reprisals that they should cease when this end was attained. Very probably some contemporary persons, more or less interested in their doings, began asking this same question; at any rate, there prevailed in the year 1511 a very strong feeling in England against Andrew Barton; he was constantly alluded to as the "Scottish pirate," and accused of many outrages against vessels other than Portuguese; and, as there existed just then very strained relations with Scotland, these stories met with ready credence. The general dislike of Andrew Barton and his doings was embodied in a representation by Portuguese ambassadors to King Henry VIII., who does not appear to have complained to the Scots King, or taken any steps in the matter.
The public feeling was voiced, however, by Thomas Howard, Earl of Surrey—afterwards victor of Flodden, and second Duke of Norfolk—who exclaimed that "The King of England should not be imprisoned in his kingdom, while either he had an estate to set up a ship, or a son to command it."
This somewhat theatrical attitude is indicative of the exaggerated stories in circulation as to Andrew Barton's terrorism of the narrow seas; the immediate sequel, however, was the fitting out of two vessels, commanded respectively by Surrey's sons, Lord Thomas and Lord Edward Howard, with the express object of capturing Barton. It is said by some writers that the Howards provided these ships at their own cost, and, in view of Surrey's enthusiastic outbreak, it appears not improbable that this was the case. However this may be, the two brothers put forth from the Thames one day in June 1511 in quest of Andrew, who was then returning from Flanders, by way of the Downs, in his ship, the Lion, accompanied by a smaller vessel, or pinnace, the Jenny Pirwin.
The Howards had to wait for more than a month, however, and then, being separated by bad weather, Lord Thomas sighted the Lion, which had also parted from her consort.
Barton appears to have endeavoured, in the first instance, to escape; according to Leslie, he made friendly advances to Howard, insisting that the English and Scotch were not at war; this would have been a sound and logical attitude for Barton to assume, and it may be that he acted so; but in the end Howard chased him, and, finding himself outsailed, the Scot faced the foe with his usual boldness, and a desperate encounter ensued.
Howard's force was probably superior to that of his antagonist, but Andrew Barton and his ship's company were not to be intimidated by odds against them, when once they entered upon an engagement, and Lord Thomas soon realised that the task he had undertaken was no child's play.
Reeling alongside each other, at the closest quarters, the two vessels exchanged shots from their cannon as rapidly as they could be loaded and fired, while the crossbowmen and arquebusiers discharged a perfect hail of arrows, "quarrells," and bolts; Howard placed his ship again and again alongside, in the attempt to board, only to be beaten off by the valiant Scots, the decks of both vessels plentifully strewn with the wounded and dying.
At length Howard, as courageous and persistent a fighter as Barton, gained a footing on the Lion's deck, with a few of his men; others speedily followed, and a hand-to-hand fight ensued.
Barton was by this time mortally wounded; his leg was shattered by a cannon-shot, and his body pierced in several places; but he sat up against the bulwarks, blowing his whistle and beating a drum to rally his men, as long as the breath remained in him; and it was not until they saw the fighting flame quenched in the eye of their intrepid and yet unconquered leader, and his chin drop upon his breast, that the sturdy Scots were fain at length to yield to Howard and his men.
Lord Edward Howard, meanwhile, had captured the Jenny Pirwin, not without some stubborn opposition, in spite of the odds in his favour, the smaller vessel having suffered heavily in killed and wounded before capitulating.