Page:Dictionary of National Biography volume 16.djvu/274

 venues of the sheriffs of Northumberland (February 1256) and York (April 1257, January 1258). On 24 Dec. 1257 his pension was commuted for the manor and castle of Bolsover, which he continued to hold free from tallage at least till October 1274, and perhaps till the time of his death (Chron. de Melrose, p. 220; Cal. of Doc. i. Nos. 1956, 1984–1985, 2028, 2043–4, 2057, 2082, 2105, ii. 18, 26).

Durward does not seem to have left Scotland before July 1252, in which month he had a safe-conduct to England till 1 Nov., before which date (22 Oct.) he was granted a license to shoot six does in Gualtrees forest on his return. In August 1255 the Scotch troubles had so increased that Henry III despatched Richard de Clare, earl of Gloucester, and John Mansel northwards to protect ‘his beloved friends’ the Earls of Dunbar, Strathearn, and Alan Durward. It was by the advice of these nobles and their adherents that Alexander III and his queen had appealed to the king of England, who now took them under his care, and engaged to make no peace with their adversaries unless by their consent (21 Sept. 1255). At the same time a new council was appointed to govern the kingdom for seven years. Among its members Durward's name figures prominently, and, according to Fordun, he was restored to his office of high justiciar (20 Sept.). His enjoyment of this post can, however, hardly have lasted longer than two years, when the Earl of Menteith, taking advantage of the disturbances caused by the elevation of his friend, the ex-chancellor Gameline, to the see of St. Andrews, called together his fellow-nobles of the national party, seized the young king while still asleep in his bed (29 Oct. 1257) at Kinross, carried him to Stirling, and there established a council of their own. Durward, whom the patriotic chonicler of Melrose styles ‘the architect of all the evil,’ on hearing this fled to England, and his party was dispersed (ib. i. Nos. 1888, 1895, 1987, 2013–15;, i. 559, 566–7; , pp. 298–9; Chron. de Mailros, pp. 220–1).

Early next year, 1258, the king of Scotland mustered his forces at Roxburgh to take vengeance on his late tutors, who promised to appear at Forfar and there render an account of their misdeeds. Henry, however, had given orders to receive Durward into Norham Castle, and had granted him fifty marks for his expenses (2–5 April). Six months later (8 Sept.) he was rumoured to be supporting the refugees on the borders of Scotland with arms. His commissioners appeared at Jedwood, where peace was made between the opposing parties after a three weeks' discussion, seemingly on the condition that the royal council should consist of eight persons, four being chosen from each party. Though Durward's name appears as a member of this body, the power, according to Robertson, was almost entirely vested in the hands of the Comyns, nor indeed did it include a single earl of the opposing faction (Chron. de Mailros, pp. 221–2;, 1st edit. i. 378). Two years later (16 Nov. 1260) ‘Alan Ostiarius’ is one of the four barons who undertake the duty of protecting the Scotch interests while Queen Margaret goes to England to be confined of her first daughter (Chron. de Mailros, p. 223;, 1st edit. i. 378).

From this time, and, indeed, through all the preceding years, Alan's name is occasionally to be found in English documents. Henry III in 1260 granted him two casks of wine (11 Nov.). Later he seems to have been in money difficulties. Certain Lucca merchants have a claim of 60s. against him in 1263; while in 1268 he was in danger of distraint for debt. The same year he received letters of protection for three years (Cal. of Doc. Nos. 2222, 2316, 2470, 2493). The date of his death is given as 1268 in the ‘Chronicle of Lanercost.’ His son, Thomas Durward, was already a knight in April 1256 (Hist. Doc. i. 245; Reg. of Aberbroth. p. 227). A Sir Thomas Durward, who is possibly to be identified with the last mentioned knight, swore fealty to Edward I on 15 June 1296 (Cal. of Doc. p. 195).

The ‘Chronicle of Lanercost’ (sub ann. 1268) relates a curious story as to how Durward year after year continued to demand an increase of rent from one of his tenants, promising that every time should be the last, and giving his right hand in confirmation of the bargain, till, at last, wearied out by such falsehood, the farmer called out for the left hand, as the right had deceived him so often.

Durward occasionally signed charters as Count of Atholl, e.g. in one dated 25 Dec. 1234 (Reg. of Aberbr. p. 76). According to Douglas he got this title by marriage with the daughter, or rather the granddaughter (cf., ii. 192), of Henry, earl of Atholl. The same writer seems to make his proper name to be Alanus de Londiniis, son of Thomas de Londiniis (i. 131–2). Durward was justiciar of Scotland at least as early as 16 Dec. 1246 (Reg. of Aberbr. p. 202). Durward's wife Margery, daughter of Alexander II, was dead by 1292, when Nicholas de Soules set up a claim to the Scotch throne in the right of her younger sister Ermengarde (, ed. 1816, vol. i. pt. ii. p. 775).