Scarcely was this done than Sir Robert Comyn, uncle of the earl, ran up, and seeing what had taken place, furiously attacked Bruce and his party. A fierce fray took place, and Robert Comyn and several of his friends were slain.

"The die is cast now," Bruce said when the fray was over; "but I would give my right hand had I not slain Comyn in my passion; however, it is too late to hesitate now. Gather together, my friends, all your retainers, and let us hurry at once to attack the justiciaries."

In a few minutes Kirkpatrick brought together those who had accompanied him and his companions to the town, and they at once moved against the courthouse. The news of Bruce's arrival and of the fray with the Comyns had already reached the justiciaries, and with their retainers and friends they had made hasty preparations for defence; but seeing that Bruce's followers outnumbered them, and that a defence might cost them their lives, they held parley and agreed to surrender upon Bruce promising to allow them to depart at once for England. Half an hour later the English had left Dumfries.