III. CHAP. rally, to avoid an appeal to the sword, the homage was performed and accepted with mutual reservations, which saved to each party his respective rights. When William the lion became the captive of Henry II. he was compelled to purchase his liberty by an acknowledgment, given under his seal and the seals of the Scottish prelates and barons, that he held his kingdom as a fief under the king of England: but the poverty of Richard induced him to return this concession to that prince for the sum of ten thousand marks, and to replace the rights of each crown on their original footing.32 His succes sons in their rebellion, was made prisoner. Henry extorted from him a new oath of allegiance, in which he became the vassal of the English crown against all manner of men whomsoever, according to the new forms invented by the feudal lawyers. There can be no doubt that he did homage for his kingdom (Hist. ii. 396).5. From this last acknowledgment he purchased a release of Richard I., and thus replaced the question on its ancient footing (Ibid. 443. not. 5). But John, Henry, and Edward, still required homage from him and his successors, as kings of Scotland: and they, though they did homage, yet contrived to do it in such manner as to be able to assert that they had not done it for their crown (Hist. iii. 29. 119. 121. 193).---6. Hence the real fact in my opinion is, that the Scots, as the weaker people, were on many occasions compelled to submit to their more powerful neighbours: that their kings often did homage for their crowns, and as often took the advantage of a disputed succession, or a civil war, to reassert their independence: and that, while the kings of England on the one part constantly advanced their claim of superiority, the kings of Scotland on the other were careful to elude or deny it, as often as they durst. 32 In the original charter, Richard requires that William nobis faciat integre et plenarie quicquid rex Scotia Malcolmus frater ejus antecessoribus nostris de jure fecit et de jure facere debuit. Rym. 66 III. sors, John and Henry III. not only asserted, but CHAP. if we may believe the latter, actually enforced their claim, and received homage for the Scottish crown from William, Alexander II., and Alexander III. When Edward ascended the throne, the dispute had been revived. For four years Alexander resisted: at last he offered to do homage simply and without any condition. The proposal was accepted: and the Scottish king on his knees, and in the presence of the English prelates and barons, said: "I, Alexander, king of Scotland, become the liege man "of the lord Edward, king of England, against "all men." "And I," replied Edward, " re"ceive you as such, saving the claim and right "which I and my successors have to the homage "of you and your successors for the kingdom of Scotland, when we shall choose to require it." 33 To the Scots therefore the demand of Edward on the present occasion could not be new or unexpected. He asked no more than what he and his predecessors had maintained to be their right. He might perhaps have displayed, more generosity, if he had waived his claim, till the throne of Scotland had a prince to support its pretensions: but he is not to be condemned 66 i. 64. In the copy transmitted to us by Fordun, after antecesso- CHAP. of injustice, because he seized the most favourable moment for the exercise of a prerogative, which he was convinced belonged to his crown. III. Scots ac 1291. The king, by circular letters, had announced knowledge his pretensions to the prelates, barons, and comhis superiority. monalty of Scotland, and summoned them to meet him at Norham on the borders of the two kingdoms. Edward took up his residence in the castle, attended by his barons of the northern May 10. counties: the Scots assembled at Upsetlington, on the opposite bank of the Tweed. On the appointed day, in the church of Norham, Brabanzon, the English justiciary, addressed the states of Scotland on the part of the king, informing them that Edward was come to decide the great cause of the succession to their crown: that he wished to avail himself of their knowledge and advice: and that as a preliminary he required them to acknowledge him for their feudal and May 11. direct superior. The next day was assigned for their answer: when they requested a further delay, that they might be able to consult those prelates and barons, who had not yet arrived. The request was granted: an instrument, containing the proofs of the alleged superiority of the English kings, was delivered into their hands, and they were required to produce their objections, if they had any, on the first day of June, when Edward would be ready to do them justice.34 The first of June passed, nor was any 31 The time allotted was three weeks, reckoning from the tenth counter-plea put in on the part of the Scots: on CHAP. the second the bishop of Bath, the chancellor, crossed the Tweed to Upsetlington, recapitu- June 2. lated the previous proceedings, and added, that since the king's claim had not been opposed, Edward would proceed to exercise it by hearing and determining the cause. He therefore called on Robert Bruce to say, whether he were ready to abide by the decision of the king of England as sovereign lord of Scotland. Bruce (and it is worthy of remark that Bruce was the first) replied in the affirmative. The same question was then put to the other competitors present, and from all the same answer was received. Baliol, however, did not appear. Perhaps he was unwilling to acquiesce in the degradation of the Scottish crown: perhaps he courted popularity by an affected delay. When on the following morning he was asked the same question, he hesitated, retired to consult his friends, and returning at last gave a full, but apparently a reluctant, assent. The assembly proceeded immediately to the church of Norham, where they were joined by Edward. The chancellor, in a set speech, asserted the king's claim, and declared his intention to do strict justice to each of the competitors: Edward repeated the same thing in nearly the same words: and the differ of May, and consequently ending on the last day of May. Some mistakes have arisen from the supposition that it ended on the 1st of June. Rym, ii. 544. June 3. III. CHAP. ent claimants publicly signed an instrument, in which they professed themselves willing to receive judgment from the king, in virtue of his June 5. right as superior lord. It was unanimously resolved that each suitor should in the first instance exhibit his proofs before a council, consisting of forty Scots, named by Baliol and Comyn, of forty others selected by Bruce, and of twentyfour Englishmen, to be appointed by Edward. All the parties agreed that this council should June 6. hold its sittings at Berwick: but as they differed with respect to the time, the king interposed, and fixed the first session for the second of August. In the mean time, that he might be enabled to put his judgment in execution, the regents and wardens of the royal castles resigned June 13. their respective charges into his hands, and all the military tenants of the Scottish crown swore fealty to him as superior lord of Scotland.35 Claims of 1292. March 1. In the beginning of the next year Edward sent his envoys, John of St. John and Roger L'Estrange to Rome, to obtain from Nicholas IV. a confirmation of the recognition which had been made by the competitors, that the Scottish crown was dependant on that of England. The pontiff, having consulted the cardinals, returned a civil but positive refusal. He was anxious, he said, to comply with the royal wishes, as far as his conscience would permit him: but the supe 95 Rym. ii. 542-580. |