The History of England eBook

Thomas Frederick Tout
This eBook from the Gutenberg Project consists of approximately 713 pages of information about The History of England.

The History of England eBook

Thomas Frederick Tout
This eBook from the Gutenberg Project consists of approximately 713 pages of information about The History of England.
the relative claims of Bruce and Balliol, and also to decide by what law these should be determined.  On October 14, they declared their first judgment.  They rejected Bruce’s plea that the decision should follow the “natural law by which kings rule,” and accepted Balliol’s contention that they should follow the laws of England and Scotland.  They further laid down that the law of succession to the throne was that of other earldoms and dignities.  They pronounced in favour of primogeniture as against proximity of blood.

These decisions practically settled the case, but a further adjournment was resolved upon, and upon the reassembling of the court on November 6 the only question still open, that of whether the kingdom could be divided, was taken up.  John of Hastings came on the scene with the contention that the monarchy should be divided among the representatives of Earl David’s daughters.  Bruce had the effrontery to associate himself with Hastings’ demand.  A short adjournment was arranged to settle this issue, and on November 17 the final scene took place in the hall of Berwick castle.  Besides the commissioners, the king was there in full parliament, and eleven claimants, who still persevered, were present or represented by proxy.  Nine of these were severally told that they would obtain nothing by their petitions.  Bruce was informed that his claim to the whole was incompatible with his present claim for a third.  It was laid down that the kingdom of Scotland was indivisible, and that the right of Balliol had been established.

The seal of the regency was broken:  Edward handed over the seisin of Scotland to John Balliol, who three days later took the oath of fealty as King of Scots, promising that he would perform all the service due to Edward from his kingdom, Balliol hurried to his kingdom, and was crowned at Scone on St. Andrew’s day.  He then returned to England, and kept Christmas with his overlord at Newcastle, where, on December 26, he did homage to Edward in the castle hall.  But within a few days a difficulty arose.  John resented Edward’s retaining the jurisdiction over a law-suit in which a Berwick merchant, a Scotsman, was a party.  He was reassured by Edward that he only did so, because the case had arisen during the vacancy, when Edward was admittedly ruling Scotland.  But Edward significantly added a reservation of his right of hearing appeals, even in England; and when the King of Scots went back to his realm, early in January, he must have already foreseen that there was trouble to come.

Edward never lost sight of his own interests, and it is clear that he took full advantage of the needs of the Scots to establish a close supremacy over the northern kingdom.  Making allowance for this sinister element, his general policy in dealing with the great suit had been singularly prudent and correct.  He was anxious to ascertain the right heir; he gave the Scots a preponderating voice in the tribunal; he

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The History of England from Project Gutenberg. Public domain.