With the death of Alexander III in 1286 without a male heir, the throne of Scotland had become the possession of the three-year old Margaret, Damsel of Norway, the great-granddaughter of the King. In 1290 the Guardians of Scotland who had been appointed to govern the realm during the young Queens minority drew up the Treaty of Birgham, a marriage contract between Margaret and the then five-year old Edward of Caernarvon the heir to the English throne. The treaty , amongst other points, contained the provision that although any offspring of this marriage would be heir to the crowns of both England and Scotland, the latter kingdom should be 'separate, apart and free in itself without subjection to the English Kingdom'Powicke, Maurice, The Thirteenth Century, 1216-1307, 1963, ISBN 0198217080. The intent, clearly, was to keep Scotland as an independent entity.
In early October the young Queen died in Orkney on her way to Scotland, leaving Scotland without an undisputed successor to the throne. One of the strongest claimants John Balliol, lord of Galloway forged an alliance with Antony_Bek, the representative of Edward I in Scotland and began styling himself 'heir of Scotland'Stevenson, J., Documents Illustrative of the History of Scotland, 1870 while another Robert Bruce%2C 5th Lord of Annandale turned up to the site of Queen Margarets supposed inauguration with a force of soldiers amidst rumours that his friends the Earl of Mar and the Earl of Atholl were also raising their forcesBarrow, Geoffrey W.S., Robert Bruce & The Community of The Realm of Scotland, 1988, ISBN 0852246048. Scotland looked to be headed for civil war.
To avoid the catastrophe of open warfare between the Bruce and Balliol the Guardians and other Scots magnates asked Edward I to interveneSimpson, Grant G., and Stones, ELG., Edward I and the Throne of Scotland: An Edition of the Record Sources for the Great Cause, 1979, ISBN 0197133088. Edward seized the occasion as an opportunity to gain something he had long desired - legal recognition that the realm of Scotland was held as a fedual dependency to the throne of England. The English kings has a long history of presuming an overlordship of Scotland, harking back to the late 12th Century when Scotland had actually been a vassal state of England, but the legality of the 13th Century claim were questionable. Alexander III giving homage to Edward had chosen his words very carefully: 'I become you man for the lands I hold of you in the Kingdom of England for which I owe homage, saving my Kingdom'Stones, ELG., Anglo-Scottish Relations 1174-1328, 1970, ISBN 0198222157 (authors italics).
In line with this desire Edward demanded in May of 1291 that his claim of feudal overlordship of Scotland be recognised before he would step in and act as arbiter. Indeed he went so far as to demand that the Scots produce evidence to show that he was not the lawful overlord rather than presenting them with evidence that he was. The Scots reply came that without a king there was no-one in the realm responsible enough to possibly make such an admission and so any assurances given by the Scots were worthless. Although technically and legally correct by the standards of the time, this reply infuriated Edward enough that he refused to have it entered on the official record of the proceedings.
The Guardians and the claimants still needed Edwards help and he did manage to pressurise them into accepting a number of lesser though still important terms. The majority of the competitors and the Guardians did eventually step forward to acknowledge Edward as their rightful overlord, even though they could not be taken as speaking for the realm as a whole. They also agreed to put Edward in temporary control of the principal royal castles of Scotland in spite of the fact that the castles in question were not theirs to give away. For his part Edward agreed that he would return control of both kingdom and castles to the successful claimant within two months. In the ongoing negotiations between the two countries, the Scots continued to use the Treaty of Birgham as a reference point indicating that they still wished to see Scotland retain an independent identity from England.
Having got these concessions Edward arranged for a court to be set up to decide which of the claimants should inherit the throne. It consisted of 104 auditors plus Edward himself as president. Edward chose 24 of the auditors while the two claimants with the strongest cases - Bruce and Balliol - were allowed to appoint forty each.
John Hastings, an Englishman with extensive estates in Scotland, could not succeed to the throne by any of the normal rules governing feudal legacy and instead had his lawyers argue that Scotland was not a true kingdom at all based, amongst other things, on the fact that Scots kings were traditionally neither crowned nor anointed. As such the normal rules of feudal law the kingdom should be split amongst the direct descendents of the co-heiresses of David I. Unsurprisingly a court made up of Scots nobles rejected these arguments out of hand.
John Balliol had the simplest, and thus by some measure the strongest claim of the four. By the tradition of primogeniture he was the rightful claimant, and that tradition had been followed in choosing heirs to the Scottish throne since King Edgar in 1097. Indeed the other Scottish claimants (including Bruce) had already tacitly acknowledged the tradition of primogeniture in allowing Margaret of Norway to claim the throne. Balliol also argued that the Kingdom of Scotland was, as royal estate, indivisible as an entity. This was necessary to prevent the kingdom being split equally amongst the heirs as Hastings was suggesting should be done.
Robert Bruce was the next in line to the throne according to proximity of blood. As such, his arguments centered on this being a more suitable way to govern the succession than primogeniture. His lawyers suggested that this was the case in most successions and as such had become something of a 'natural law'. Unfortunately for Bruce, the Scots tradition for the preceding 200 years had been demonstrably different, relying on primogeniture instead. They also put before the court the suggestion that Alexander II had designated Bruce as heir when he himself was still childlessPalgrave, F., Documents Illustrative of the History of Scotland, 1873. Whatever the truth of this the fact remained that Alexander did eventually produce a male heir and that in the same period John Balliol also produced sons, all of whom would have a stronger claim than Bruce. Bruce also began by arguing alongside Balliol that the kingdom was indivisible but when it became apparent that his own claim was going to fail he instead performed a rapid U-turn and joined Hastings in arguing that it be split amongst the three senior claimants, a fact for which he has been excoriated by many modern historians.
Floris V made the most outlandish argument of all. Although not a direct descendent of David I he claimed that David had given up his right to the throne to his brother William in exchange for a grant of land in Aberdeenshire. If true, this would make Floris the rightful King of Scotland. Floris claimed that although he did not possess copies of the documents detailing the handover of power one must exist somewhere in Scotland and Edward postponed the court for a full ten months while a search was made through various castle treasuries. No copy was ever found which, given the importance of such a document, strongly suggests that none ever existed.
Floris eventually withdrew his case. However there is evidence that before he did so he entered into an agreement with Bruce in which if one of them was to successfully claim the throne he would grant the other one third of the kingdom as a feudal fief. Other clauses in the agreement strongly suggest that of the two only Bruce could really expect to be a successful claimant. This has been interpreted to mean that Floris and Bruce were in collusion, with Bruce hoping that taken together their arguments could defeat Balliol with Bruces' claim then being upheld in favour of Floris. It is striking that there is no record of Bruce and Floris being at loggerheads during proceedings.
History of Scotland | Scottish monarchy | Wars of Scottish Independence
Anwärter auf den schottischen Thron | Konkurrentene til den skotske trone
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It uses material from the
"Competitors for the Crown of Scotland".
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