this was not the case: they had to be relieved directly from Scotlandliterally from the direction of Scotlandwhereas Keith, Gray and Prenderguest had approached Berwick from the direction of England. Edward III ruled that the truce agreement had been breached – the town having neither surrendered nor been relieved. A gallows was constructed directly outside the town walls and, as the highest-ranking hostage, Thomas Seton was hanged while his parents watched. Edward III issued instructions that each day the town failed to surrender, another two hostages should be hanged. Keith, having taken command of the town from Seton, concluded a fresh truce on 15 July, promising to surrender if not relieved by sunset on 19July. The truce comprised two indentures, one between Edward III and the town of Berwick and the other between Edward III and March, the keeper of Berwick Castle. It defined circumstances in which relief would or would not occur. The terms of surrender were not unconditional. The town was to be returned to English soil and law but the inhabitants were to be allowed to leave, with their goods and chattels, under a safe conduct from Edward III. All members of the garrison would also be given free passage. Relief was defined as one of three events: 200 Scottish men-at-arms fighting their way into Berwick; the Scottish army forcing its way across a specific stretch of the River Tweed; or, defeat of the English army in open battle on Scottish soil. On concluding the new treaty, Keith was allowed to immediately leave Berwick, travel to wherever the Guardian of Scotland happened to be, advise him of the terms of the treaty, and return safely to Berwick. By this time Douglas had marched south to Bamburgh, where Edward III's queen Philippa was still staying, and besieged it; Douglas hoped that this would cause Edward III to break off his siege. In 1319 Edward III's father, Edward II, had broken off a siege of Berwick after a Scottish army had advanced on York, where his queen was staying, and devastated Yorkshire. However, whatever concerns Edward III had for his queen, he ignored the threat to Bamburgh. The Scots did not have the time to construct the kind of equipment that would be necessary to take the fortress by assault. The Scots devastated the countryside but Edward III ignored this. He positioned the English army on Halidon Hill, a