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the river. So exprefs a declaration, which feems to prove,
that Echvard pretended not to the fo\ e'reignty of Scotland,
is indeed only an evidence of his policy or dissimulation ;
Since he certainly defigned then to eflablifh the right of
fovereignty. Accordingly, when it was once eftablifhed,
he ftiled his Letters Patents, a pure conceffion, which
might be, and was actually, revoked. In the view this
Monarch had of caufing his fovereignty to be acknow-
ledged by the States of Scotland, as will be feen hereafter
it was by no means proper to alarm the Scots by an act
of abfolute authority, before the States were affembled.
Such a ilep might have led them to take meafures deftruc-
tive of his defigns. It was much more natural and more
advantagious for him, to convene the States SirSl, and
lead them by degrees to the acknowledgment he wanted

Lclhi, fecond daughter of David, had by Robert Bruce, to extort from them. So that, probably, when he fum-

a Spn named Robert from his Father, the other candidate, moned the States to Norham, he made ufc of ambiguous

Ada, third daughter of David, left a Son called John Ha- a:l(i cautious expreffions, proper to hide his real intention.
flings, who likewife pretended to the crown. To avoid It w:ls not llis intcrcft then to difcover it, though he in-

confufion, I Shall defer Speaking of this third candidate, tended to ufe this fame aflembly to Strengthen his right.

and confine myfelf at prefent to the two principal com- Buchanan pretends, that, immediately after the young/i,/.

petitors, namely, John Baliol, and Robert Bruce, who Queen's death, Echvard formed the project of becoming

alone had properly a right to pretend to the fucceffion.

who afcended the throne after his Grandfather, and died
without heirs : JVilliam, who fucceeded his elder Bro-
ther ; and David who was Earl of Huntington in Eng-
land. The Race of IVilliam being extinct by the death
of Margaret of Norway, there was a neceffity of going
back to that of David Earl of Huntington, third Son of
Prince Henry. David died without Iflue-Male ; but
left three Daughters, Margaret married to Alan of Gal-
loway, Ifabella Wife of Robert Bruce, and Ada Wife of
Henry Ma/lings (1) an Englijh Lord. Margaret, the el-
deft of the three Sifters, left only two daughters, Dtvcr-
■ I i, called by fome Dornagilla, and Marjory. Devei -
guld married John Baliol, by -whom file had a Son of the
fame name, one of the two candidates for the crown.

Marjory, Wife of John Comyn, died without ifiiie.


of the Titles
of :- : .f Com-

State f 4
fain in
Scotland .;
cording to
the Scotch
fiifton • .

c ! en Ui


atni fulnmtm
the Slates
to Norham.
Aft. Pub.
II. p. cag,

It mult be obferved, that at the time of Margaret of
Norway's death, the three Daughters of David Earl of
Huntington were not alive. But Deverguld, Daughter of
the cldeit, was itill living, and refigned her title to John
Baliol her Son, who, as defcended from the eldeft of
David's daughters, claimed a right to be preferred before
all the other candidates. On the other hand, Robert
Bruce Son of the younger daughter, alledged for himfelf,
that he was one degree nearer than Baliol, fince he was
grandfon to David, whereas his Rival was but grandfon
to the eldeft daughter of the fame Prince. It was ob-
jected, that Deverguld being in the fame degree with
him, ought to fuccccd, fmce fhe was daughter to the el-
delr, whereas he was only Son to a younger daughter of
David. But he replied, that where the degree is the
feme, the Males ought to be preferred to the Females ;
and that it was the conftant Law and Cuftom of all
States; for which he produced feveral Precedents, from
the Histories of foreign Countries. Thus flood the cafe,
which could not be decided without difpleafing one half of
the kingdom.
- Here it is that we begin to find disagreement between
the Englijl) and Scotch Historians. The latter affirm,
things were in fuch a fhrte, that it was impoffible to
find in Scotland impartial Judges. They add, that fup-
pofing fuch could have been found, it would have been
very difficult to execute their fentence, by reafon of the
equality of credit and power in both parties. Baliol was
Lord of the County ct Galloway, one of the molt con-
siderable of the kingdom. He was likewife fupported
by the Comyns, a family of great power and intereft,
Robert Bruce held in England, the Earldom of Cleveland,
and in Scotland, thofe of Anandak and Gariock. More-
over, by means of his Son Robert, who had with his
Wife the Earldom of Carrici, he was allied to the molt
powerful families of Scotland. So that, continue they,
to avoid a civil war, which could not fail to be kindled,
both parties agreed to refer the decifion of this important
affair to the King of England. It was believed, all good
offices might be expected from him, as well becaufe cf
the good understanding which had long fubfifled between
the two Nations, as in return for their ready confent to
the marriage of the Prince his Son, with their late Queen.
He was iritreated therefore, fay they, to be Judge of this
difpute, and to affilt the Perlon he Should think proper
to place on the throne. They add, that Edward ac-
cepted the mediation, and came to Norham, where he
Summoned the States of Scot/and (2), protesting, he af-
fembled them not as Sovereign (3), but as a Friend, that
defiled them to meet the Arbitrator chofen by themfelves.
But this is a fad denied by the Englijh. They affirm,
that Edward Summoned the States of Scotland to Norham,
not as Friend and Umpire, but by vertue of his right of"
fovereignty over Scotland. They add, the bare confide-
ration of the Situation of Norham, a town in England,
plainly enough Shows, that Edward exercifed an act of
fovereignty, in affembling the States of Scotland in his
own kingdom. The Scots reply, this proof cannot take
place, Since upon this very cccafion Edward grained them
Letters Patents, which entirely deltroys it. His words

mailer of Scotland. Perhaps he goes too Sir. It is n
moic likely, his firft view was only to caufe himfelf to
be acknowledged for fovereign of that kingdom ; whether
he imagined it his due, or had a mind to improve the fa-
vourable opportunity of firmly eftablifhing this pretended
right. The better to accomplish his delign, continues the
fame Historian, he perfuaded eight other perfons, befides
the two above-named, to claim the crown. His intent
was, according to this Historian, lb to perplex the affair
that the two chief candidates might See, he Should not
want means to render their titles dubious, in cafe they
were not pliant to his will.

After thefe remarks, which' arc neceflary for the Se-
quel, it is time to come to the decifion of this famous
procefs. But firft it is requisite to obferve, that this affair
contains two things, really diftindt from each other, name-
ly, the right of fucceffion to the crown of Scotland, and
the right of fovereignty ever the fame kingdom, claimed
by Edward. The former appears at firft Sight to be the
moft important, and the latter feems only to he an inci-
dent question arising upon the other. But we fhall find
it became the main point, by its fatal confequences, and
therefore it is not to be thought Strange, that I Should Stay
to explain it. it mult be farther obferved, that the parti-
culars I am going to relate, are taken from a Journal, or-
verbal Procefs, inferted in the ColleSion of the Publicil'Jt
Ads, made by Mr. John de Cadam, one of Edward's
Clerks or Notaries. This obfervation Should induce us
to read with Some caution, what appears to be too much
in favour of the King of England, with regard to his claim
to the fovereignty of Scotland.

1 he States of Scotland being met at Norham, May 10, , , q ,
1 291, Roger le Brabazon Chief Justiciary of England, Edward i*-


the name oS the King his?"""" ,b °

States cf

Speaking by order.

master,' who was prefent, told them, That the Ktt^'of&Sd
England, considering the unsettled State of Scotland, had ™»ifrfi
required the States to ailemble in that place, to lay before Saami P>'
them certain matters, tending to the prefervation of the tl% ^h
peace and tranquillity of the kingdom : That he had no Ir.flr'umtn
defign to ufui-p the rights o! any perlon, to Stop the courfe " ,m Pub "
of jultice, cr to infringe the' liberties of the people of "
Scotland; but, as fovereign Lord of Scotland, he was come
to do jultice to all : And that this might be done with
more cafe, though what he claimed could not be'juftly
disputed, _ he demanded, ;> a fuperabun'rjaht right, the
States allent to, and recognition of his fuperip'rity and di-
rect: dominion: That then he would make ufe of their
counfels to do what Juftice and Reafon required. The
States, extremely furprized at this propofal, required time
to confult with the abfent Bifhops and Barons, to the end
they might return an uniform anfwer in an affair cf Such
importance. Edward, in his turn, Showed luine furprize,
that the States Should require time to give in their anfwer.
He faid, he had realbn to believe they were come prepa-
red for this matter, fince they were not ignorant of his
intention ; and therefore lie gave them only the reft of
that day to confider of his demand. On the morrow
the States infilling upon a longer time, the Kins granted
them three Weeks, reckoning from the 1 oth of May.
During that time, they were to prepare whatever they
had to object to his pretenfions, and all the Acts and

are thefe : That he did not intend that the coming of the Monuments whereby they might think to invalidate h
Scots on this fide the Tweed, Jhould be any prejudice to demand.

m (lake fays John. Sec Buchanan, 1.8.
(2) His Sate-conduft to them bears date, May 31. Rymt
(5; %dviard himfelf lays, that to him b:lon£s la I

i Ftt J.

., . — Tom- II. p. 12S.
Soveraytit Seigrtoric tin Rcantiu .it Efcece.


p. 529.


Book IX.



rzoi. Though, according to the time appointed by the
■// . I. . , the next meeting was to bo on the full c.l '/una;
' " 1 find however in the journal, which i take for my
guide, onlj that of the fecond of the fame month. The
Bifhop of Bath and [fells was fpokefman for the King,
and recited w] at had been done in the two former Aflem-
blies. Adding, that the three Weeks granted to the
Stales being expired, and they had not produced or al-
lcdged any thing to invalidate his right, his intention was,
to a£t by virtue of his acknowledged fovereignty over die
kingdom of Scotland, and as Sovereign, to do juftice to
the candidates.
Stmarh a Let us Hay a moment to make one remark upon this
the Silewc o/fubjedl. How good an opinion foever a Alan may have
the J«,i. q{ ' tic f a ; t i,f u ) ncls f Edward, and the Notary that drew
up the Journal, from whence, what I have related is ta-
ken, he cannot help perceivin ., there is fornething want-
ing here. In the two preceding Aflemblies, Edward pro-
duced his pretentions to the fovereignty of Scotland. The
States, far from immediately owning this fovereignty,
require time to confult together upon fo nice a point.
The King grant, them three Weeks, and that time be-
ing expired, in the firft meeting, mentioned in the Jour-
nal, the Chancellor of England begins with laying, the
States had produced or alledgcd nothing againlt the King's
pretenfions. Ought he not rather to begin with calling
upon the States for their anfwer, which the Journal
fhould mention ; either by relating their objections or
afient, or at leaf! by declaring they had returned no
anfwer, and then the Chancellor's fpeech would come to
the purpofe ? But inftead of thi , he begins with declaring,
that the States having nothing to (ay againlt the King's
pretention, Edward was refolved to make ufe of his
right. This makes it fufpicious, either that the account
of what palled that day is curtailed, or the day before
there was another afTembly, where the States had produ-
ced their proof.;, but which the author of the Journal did
not think proper to mention. For it was before obfor-
ved, that, according to the time fixed l.y the King, there
was to be an afTembly on the firft of 'June, whereas this
was not till the fecond. But I offer this only as a con-
jecture, on which I do not pretend to eftablifn any thing.
The grand difficulty lies, in that, after a three weeks
consultation, it is ftrange, the States of Scotland fhould
have nothing to anfwer or object to Edward's pretention.
It is certain, that hitherto, the fovereignty of the crown
of England over Scotland, had never been fo generally ac-
knowledged, that the bare publick evidence could filence
the States. Of this there needs no other proof, than the
marriage-articles before-mentioned, where the Scots had
taken fo great care to maintain their independence. In
the fecond place, the time they took, to confult about
the King's demand, plainly fhows, they were not fully
perfuaded of their fubjection to the crown of England. In
lhort, Edward's very precaution in requiring this acknow-
ledgment, teftifies, that the thing was at lcait doubtful.
It is not cullomary to ac/t in fuch a manner, when a Man
has a known and undeniable right. If it be true then,
that the States returned no anfwer to the King's demand,
it mult be thought, either they were over-awed ; or the
two principal candidates united, and prevailed with the
States, by fecret practices, not to oppofe the pretenfions
of the King of England. Piobably they were afraid by
this incident, of retarding the decilion of the main affair.
But to return to our Journal.
Edward The High-Chancellor having fpoken as is related in the

evmedfir Journal, and taking his matter's right for granted, ad-

S aTt"!°" ^ drcfil " J llinl!l ' !f nrft to Robert Brucc -> and demanded of
Claimants, him, Whether he would acknowledge the King of Eng-.
land for fovereign of Scotland, and receive juitice from
him, as fuch. The Journal adds, Robert Bruce anlvvered
openlv and cxprefsly, that he owned the King of Eng-
land for Sovereign Lord of the Realm of Scotland, and
contented to receive from him as fuch, the judgment
that Prince fhould think fit to pronounce. The fame
queftion being put to Florence Earl of Holland, and the
Lord John Hajlings ( 1 ), they both made the fame an-
fwer. After that, Patric of Dunbar Earl of March,
IVilliam de Ros, I falter de Huntcrcumbe, William Vcfcy
by Proctor, Robert de Pynkeny, and Nicholas de Smiles,
appeared, and demanded to be admitted feparately, to prove
that the Crown of Scotland was devolved to them by
right of Succeffion. The fame queftion was put to
them, as to the three firft, concerning Edward's right ;
to winch having returned the fame anfwer, their petiti-
on was received. John Baliol being abfent, his gentle-
man of Horfe (2) ftood up, and alledging fome excufe
for his mailer's abfence, demanded, in his name, that


he might be heard the next day, which was granted 1291.

O.n the morrow, after the Chancellor's recapitulation 7** Pro-
of what had palied to that time, Baliol, who was pre- '&'
fent, *vas asked the fame queftion as I
didates, and made the like anfwer. Then, the Chancel-
lor protefted aloud in the King's name, Tl
King cj England, ailed en this occafion ai Sovereign Lord
"Scotland, he did not intend thereby /; m th,

hereditary right, he might have to the a urn of that king-
dom; or to exclude Lin. jclj ai to ti , ,. f hat ht ex-
prefsly referved to himfelj the liberty to ; rig, ,
as the rejl of the candidates, when and i
foon as the Chan elloi I d doi , the Kii
peated word for word,

mouth. Then John Comyn Lord ol , fe up,

and demanded leave to prove li I ,-. . the

crown. His requeft was granted, alter recognifing, like
the reft, the King of England's fovereignty. What con tutt • *
cerned Edward being thus fettl I, the 1 ndid I drew ^
up a writing, whereby they acknowledged him fovej
Lord of Scotland. This writing was iigned and fealed .
by All, and particularly by Robert Bruce aid John Ba-
liol. As for the filence of the States on this occafi n,
Edward, without giving himfelf any farther trouble,
took it for an afient, and became pofieffed of the So-

This flep being made, the King proceeded farther. He I '
reprefented to the competitors, it would he in vain to'
give lentence in favour of one or them, it it was not in't,, dm,,
his power to put it in execution. Upon this foundation,
he demanded the pofTeffion of the kingdom ; that he
might be able to deliver it to the perfon that fhould he de-
clared King. To this the candidates contented, and Aft. Pi h.
figned an inftrument according to his defire; asiftheii :
bare pretenfions to the crown had empowered th m to
difpofe of the kingdom, as they pleated. In tl is v. itin , : n>f.!"=n.
they own the King of England t >r Sovereign Lo:
Scotland, and as fuch, for Judge of the pi ( scon ..
the fucceflicn. They promifed to hold lor good and .. -
lid, the judgment he fhould pronounce. They agreed,
he fhould be put in pofleffion of all the Caftles, and die
whole kingdom, in order to reftore it to him for whom
it fhould be adjudged. They added however this condi- Afi. Pub.
tion, that he fhould be obliged to rcllore it within two p ' ■'"
months after judgment given, in the lame date he recei-
ved it, favirtg to him the homage of the new King.

Whatever had been hitherto done in favour of Edward,
was oniy the acts of private perfons ; but among them
were Bruce and Baliol, who divided all Scotland between
them, and confequently their approbation drew after it
that of the whole kingdom. In thole days of anarchy,
the regents had no great authority, neither did they dare
to do any thing difpleafing to the King, or the two chief
candidates, one of whom was to be their mailer. As to
the States, after Edward perceived they were difinclined
to favour his pretenfions, he confulted them no in re.
As they were aflembled out of Scotland, and in the power
of the King, they were not free to take fuch meafures
as they fhould have defired. So the King met with
little oppofition from the governors of the Caftles, \.
he came to take pofTeffion of the kingdom. IVilliam de Aa , p.i,.
Umfraville, who had the cuftody of U;e Caftles of Dun- II. p- 531.
dee and Forfar, was the only perfon that made any re-
iiftance. He conlidered the ae"t above-mentioned as very
irregular; and could not relblve, upon fuch a warrant,
to deliver up the places committed to his truft, neither
by the King of England, nor by the candidates. It was
necefTary that the Competitors, Regents, ar.i King him-
felf, fhould bind themfelves by an exprefs act, to indem-
nify him, in cafe he fhould one day come to be called to
an account.

Whatever Edward's pretenfions were, it is cer'
the fovereignty of the crown of J had never

acknowledged in Scotland. Accordingly the Sc.fs is ge-
neral, could not but look upon the proceedings of the
candidates, and the regents themfelves, as a maaifeft
prevarication. And yet, it was very difficult to aft
otherwife. All the great Men were gained either by
Edward's promifes, or awed by his threats. T.e
troops he had ordered to march to A 1 co-

lour of guarding the States of Scotland, did not a little
help to infpire them with terror. So that almoft what-
ever he pleafed was forced 10 be done. I. was neceliary
however iur the regents to give the people fame latis-
faction, in (bowing them they took cue of their interefts.
To that end, they demanded of Edward Letters Patents, £j w ,r,
declaring that the judgment of the procefs fhould be -■■- •'■

(1} Lcrd of Abergavenny,

[z) Tbsmas Randulpb. Pymer's Feed. Tern. II. p. 546.



on of the
}'/■ , ,ls con-
cerning tie
Act. Pub.
II. p. 555.


June 5.

Berwick is

V>" ■ ' ' •'

for the Ptdc:
of Hc.llirg.

June 6.

The Regents
and Gcver-

1 eji, ■ n
ti i
mijjians to
•zvho rcjlorcs
June 1 1.

given in the kingdom of Scotland, Edward confidering
this ftep, as a fort of approbation of his fovereignty, be-
caufe the demand was fo expreffed as not to offend him,
readily condefcended to their very humble petition, and
ordered the defired Letters to be difpatched out of hand.

The affair of the fovereignty being thus ended, though
without the intervention of the States, the examination of
the titles of the feveral competitors for the crown came
on, that the King might know the ground of their re-
fpecrive pretentions. To this purpole, it was agreed
among them, that Baliol and Comyn, as well for them-
felves as for all the candidates, ihould nominate forty
perfons, and Robert Bruce, in like manner, ihould chufe
forty others, to hear and difcufs the rights of the com-
petitors. That to thefe fourfcore, the King fhould add
about twenty-four more, and thefe commiffioners, after
a mature examination, fhould make their report to the

In the afTembly of the 5th of June, nothing more was
done, than giving in the names of the examiners that
were chofen.

The next day, the King ordered the examiners to ap-
point the time and place of meeting, for their examina-
tion. All agreed upon Berwick, a town in Scotland, fi-
tuated on the Tweed, for the place. But as they could
not agree upon the day, the King fixed it to the 2d of
Augujl following.

Tealty is

(•U101 : to

June 12.

Auguft 3.
Aft. Pub.
II. p. 575.

There was another aflembly at Norham, where the
regents of Scotland refigned their patents to the King, and
the governors of the Caftles their commifTions, to be dif-
pofed of at his pleafure. Edward received, but returned,
s them again, with the neceflary alterations to fhow that
they governed in his name. The fame day lie made the
Bifhop of Caithnefs chancellor of Scotland, and joined
with him IValter de Hamondejham an Englijhman, one of
his clerks, as an affociate.

On the 1 2th of June, Edward iffued orders to all that
held any office in the kingdom of Scotland, to come and
fwear fealty to him, which was done that day by all that
were prefent (1). The competitors took the fame oath,
after which, the afTembly broke up till the day appointed
for the meeting at Berwick (2).

Though it was ftill a good while to that day, Edward
came quickly after, and on the 3d of July made the fol-
lowing proteftation : That altho he had granted, that the
affair of the Sncctffion Jhoidd he tried in the kingdom of
Scotland, he did not intend to bind him/elf to the Jame con-
defcenfion, if the fame cafe Jhould happen again, or on any
other occafon. Probably the aflembly, before whom he
made this declaration, was neither full, nor authorized to
receive it, fince the examiners were not to meet at Ber-
wick till tl-.e 3d of Augujl, that is, a month after.

The day being come, the examining commiffioners
met at Berwick, in the prefence of the King, and recei-
ved the petitions of the candidates, in the following order.
But becaufe thefe petitions, containing the grounds of
their pretenfions, were founded on the genealogy of the
Royal Family of Scotland, it is neceflary to fee this gene-
alogy, tho' fuppofititious, without which it would be dif-
ficult to underftand their refpeclive rights.

Florence Earl of Holland, mowed, he was defcended
from Ada, Daughter of Prince Henry, and Sifter of the
Kings Malcolm IV, and William.

Palric de Dunbar, Earl of March, founded his claim
upon his defcent from /Ida, Daughter of King William,
and Siller of Alexander II.

William de Vefcy afl'erted, he was Iffue of Margaret,
Daughter of King William.

Robert de Pynkeny affirmed, he came from Margaret,
Daughter of Prince Henry, and Sifter of the Kings
Malcolm and William.

Nicholas de Soules faid, that being Grandfon of Alex-
ander II, by Marjory, fecond Daughter of that Kine,
and the race of Margaret, eldeft Sifter of his Mothe"r,
being extincl, the crown was devolved to him as next

Patrie Galythly founded his claim on his being Grand-
fon to King William, by Henry Son of that Prince.
Probably Henry, Father of Patrie, was a baftard, fince

Vol. I.

had he been legitimate, his Son's title would have been in-
difpu table.

Roger de Mandeville claimed the crown as Son of Al-
fnca, Daughter of King William.

John Hajlings maintained, that the kingdom of Scot-
land being divifible, ought to be parted amone the descen-
dants of the three Daughters of David Eai -fof Hunting-

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