had owned himself the vassal of Edward I.,
there had been considerable fencing on both sides as to the form of the
oath, and, as neither sovereign at the moment had wished to push matters
to a rupture, the words used had been intentionally vague, and both
parties had kept their private interpretations to themselves. But now,
when Edward met the Scottish magnates, who had asked for his services as
arbitrator, he demanded that they should acknowledge that he was acting
as suzerain and overlord of the whole kingdom of Scotland. After some
delay, and with manifest reluctance, the Scots complied; their hand was
forced by the fact that most of the claimants to the crown had hastened
to make the acknowledgment, each hoping thereby to prejudice the English
king in his own favour.
This submission having been made, Edward acted with honesty and
fairness, handing over the adjudication to a body of eighty Scottish and
twenty-four English barons, knights and bishops. These commissioners,
after ample discussion and taking of evidence, adjudged the crown to
John Baliol, the grandson of the eldest daughter of Earl David, younger
brother of William the Lion. They ruled out the claim of Robert Bruce,
the son of David's second daughter, who had raised the plea that his
descent was superior because he was a generation nearer than Baliol to
their common ancestor. This theory of affinity had been well known in
the 12th century, and had been urged in favour of King John when he was
contending with his nephew Arthur. But by 1291 it had gone out of
favour, and the Scottish barons had no hesitation in declaring Baliol
their rightful king. Edward at once gave him seizin of Scotland, and
handed over to him the royal castles, which had been placed in his hands
as a pledge during the arbitration. In return Baliol did him homage as
overlord of the whole kingdom of Scotland.
This, unfortunately, turned out to be the beginning, not the end, of
troubles. Edward was determined to exact all the ordinary feudal rights
of an overlord--whatever might have been the former relations of the
English and Scottish crowns. The Scots, on the other hand, were resolved
not to allow of the introduction of usages which had not prevailed in
earlier times, and to keep the tie as vague and loose as possible.
Before Baliol had been many months on the throne there was grave
friction on the question of legal appeals. Scottish litigants defeated
in the local courts began to appeal to the courts of Westminster, just
as Gascon litigants were wont to appeal from Bordeaux to Paris. King
John and his baronage, relying on the fact that such evocation of cases
to a superior court had never before been known, refused to allow that
it was valid. King Edward insisted that by common feudal usage it was
perfectly regular, and announced his intention of permitting it. Grave
friction had already begun when external events precipitated an open
rupture between the king of England and his new vassal.
Public-domain text, read in full here on John Shaqi.
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