The nobles of the kingdom, with its guardians, often-times discussed among themselves the question who should be made their king; but they did not make bold to utter what they felt about the right of succession, partly because it was a hard and knotty matter, partly because different people felt differently about such rights and wavered a good deal, partly because they justly feared the power of the parties, which was great, and partly because they had no superior that could, by his unbending power, carry their award into execution or make the parties abide by their decision. The most prominent competitors were liegemen of Edward, and, whether they appealed to warlike or to peaceful methods, the decision must inevitably rest with him. At the Norham meeting of June 1291, de Brus, as well as the other competitors, fully acknowledged the paramount title of Edward. He had no alternative; he had as large interests in England as in Scotland, and armed opposition was out of the question. Availing himself of his legal experience, he fought the case determinedly and astutely. If Fordun correctly reports the reformation of the law of succession by Malcolm, de Brus was, in literal technicality, 'the next descendant'; as son of David of Huntingdon's second daughter, he was nearer by one degree than Balliol, grandson of David's eldest daughter. But the modern reckoning prevailed. De Brus's plea that he had been recognised both by Alexander II. and by Alexander III. was not supported by documentary evidence, and his appeal to the recollection of living witnesses does not seem to have been entertained. His third position, that the crown estates were partible, was but a forlorn hope. He must have seen, long before November 1292, that an adverse decision was a foregone conclusion. He entered a futile protest. Already, in June, he had concluded a secret agreement with the Count of Holland, a competitor never in the running, but a great feudal figure, for mutual aid and counsel; he had also an agreement with the Earl of Sutherland, and, probably enough, with others. But an active dissent was beyond the powers of a man of eighty-two. Accordingly, he resigned his claims in favour of his son, the Earl of Carrick, and retired to Lochmaben, where he died on March 31, 1295, at the age of eighty-five.