Scotland, at various periods of her history, has
been placed in situations of imminent peril, from
the encroachments and invasions of her ambitious
neighbour in the South. Misled by an insatiable
thirst for conquest, the English monarchs were
either prosecuting their views of aggrandizement
on the continent of Europe, or disturbing the tranquillity
of Britain by endeavouring to subvert the
liberty and independence of her states. The
Welsh, after being driven from the most fruitful
of their domains, continued an arduous, but ineffectual
struggle for their freedom, amid the few
barren rocks and vallies that remained to them of
their ancient and once flourishing kingdom. The
Scots, though always numerically inferior to the
English, and, from the comparative poverty of
their country, deficient in those internal resources
which their richer neighbours possessed; yet, from
their warlike propensities, their parsimonious habits,
and that love of independence which formed
so striking a feature in the character of all the tribes
of which the nation was composed, were either
prepared to guard the frontier of their kingdom, or
retaliate an aggression by invading the territories
of the enemy. This last measure was the mode
of defence they chiefly resorted to; aware that,
with the exception of Berwick, the English, without
advancing farther into the country than was
consistent with their safety, would find no booty
equivalent to what could be driven by the Scots
from the fertile plains of their more wealthy opponents.
These hostilities were frequently embittered
by a claim of superiority which the English
urged against the crown and kingdom of
Scotland; and as the attempts which were made,
from time to time, to enforce it, have produced
more misery and bloodshed than any other national
quarrel that ever existed between the two
countries, an inquiry into the nature and foundation
of the alleged plea of vassalage, may be of
importance in elucidating the conduct of the conflicting
parties in the following narrative. In this
inquiry, we shall dispense with any reference,
either to “Brute the Trojan” on the one side,
or to that no less questionable personage, “Scota,
daughter to the King of Egypt,” on the other; and
proceed, at once, to the only well-authenticated
evidence that exists on the subject.
In the year 1174, William, King of Scotland,
dissatisfied with the conduct of Henry II. of England,
invaded Northumberland, instigated thereto
by a sense of his own wrongs, real or imaginary,
and those discontented barons who wished
to place the young King on the throne,—an
ambitious youth, whom his father had imprudently
allowed to be crowned during his own lifetime.
While the numerous army of William was spread
over the adjacent country, wasting, burning, and
slaying with that indiscriminate recklessness peculiar
to the age; he, with a chosen band of his followers,
besieged the Castle of Alnwick. The devastations
committed by the marauding army of the
Scots inflamed the minds of the Barons of Yorkshire
with a generous indignation; and they determined
to exert themselves for the relief of their distressed
countrymen. Having congregated at
Newcastle to the number of four hundred horsemen,
encased in heavy armour; they, though already
fatigued with a long journey, pressed forward
under the command of Sir Bernard de Baliol;
and, by travelling all night, came in sight of the
battlements of Alnwick Castle by daybreak. William,
it would seem, had been abroad in the fields,
with a slender escort of sixty horse; and, mistaking
the English for a detachment of his own troops,
he was too far advanced to retire, before he became
sensible of his danger. “Now it will be seen who
are true knights,” said the intrepid monarch, and
instantly charged the enemy. His efforts, however,
were unavailing; he was soon overpowered,
and, along with his companions, made prisoner.
The chivalry of Yorkshire thus secured for their
monarch a valuable prize. The magnanimity of
Henry, however, was not equal to the gallantry of
his subjects; for, on getting possession of the unfortunate
prince, he inflicted on him every possible
mortification. Not satisfied with exhibiting his
rival, like a felon, with his feet tied under his horse’s
belly, to the rude gaze of the vulgar; he summoned
all his barons to Northampton, to witness “the humiliating
spectacle of a sovereign prince exposed
in public to a new-invented indignity.”28
It may appear difficult to account for this treatment
of a Royal Captive, taken under such circumstances,
in an age when the honours of chivalry
were eagerly sought after by all the crowned heads
of Europe. When we reflect, however, that on
the Thursday preceding the capture of William,
Henry himself had been ignominiously scourged
at the tomb of his formidable enemy, Thomas à
Becket, his lacerated feelings might, perhaps,
have found some relief in this public exhibition
of his power to inflict, on a brother monarch, something
of a similar degradation.
William was at first committed prisoner to Richmond
castle, in Yorkshire; but Henry, either
from apprehension of his being insecure among the
scarcely-extinguished embers of the late insurrection,
or wishing to enhance his value in the eyes
of the Scots, by removing him to a greater distance,
had him conveyed beyond seas, to Falaise
in Normandy. Meanwhile, the Scottish army,
thunderstruck at so unusual a calamity, after some
ineffectual and misdirected attempts at revenge,
abandoned their spoil, and hastily retreated to their
own country. Alarmed, however, at the irregularities
which the absence of the Head of their
Government was likely to produce among the discordant
and inflammable materials of which the
kingdom was composed, they too hastily agreed
to the ignominious terms proposed by the enemy;
and submitted to their King becoming the liegeman
of Henry for Scotland, and all his other territories;
and further,
“The King of Scotland, David, his brother, his
Barons, and other liegemen, agreed that the Scottish
church should yield to the English church
such subjection, in time to come, as it ought of
right, and was wont to pay in the days of the
Kings of England, predecessors of Henry. Moreover,
Richard Bishop of St Andrew’s, Richard
Bishop of Dunkeld, Geoffrey Abbot of Dunfermline,
and Herbert Prior of Coldingham, agreed
that the English church should have that
right over the Scottish which in justice it ought
to have. They also became bound, that they themselves
would not gainsay the right of the English
Church.”
“A memorable clause!” says Lord Hailes,
“drawn up with so much skill as to leave entire
the question of the independence of the Scottish
church. Henry and his ministers could never
have overlooked such studied ambiguity of expression.
The clause, therefore, does honour to the
Scottish clergy, who, in that evil day, stood firm
to their privileges, and left the question of the independence
of the national church to be agitated,
on a more fit occasion, and in better times.”
“In pledge for the performance of this miserable
treaty, William agreed to deliver up to the
English, the castles of Rokesburgh, Berwick, Jedburgh,
Edinburgh and Stirling, and gave his brother
David and many of his chief barons as hostages.”
Thus stood the right of England to feudal homage
over Scotland in 1175. A superiority acquired
in such an ungenerous manner, was not
likely to be long submitted to with patience. The
Scots had always plumed themselves on being an
unconquered people, and able to preserve their independence
against all who had attempted to invade
them. Vassalage implies protection;—It
was therefore presumption in England to pretend
to defend Scotland against those enemies before
whom she herself had been obliged to truckle.
It was not long before the conduct of William
displayed that covered scorn of his liege-lord, which
his late injuries were calculated to inspire. Countenanced
by him, the Scottish bishops, at a council
held at Northampton, boldly declared, in the
presence of the Pope’s legate, “that they had never
yielded subjection to the English church, nor
ought they.”
William also entered the lists with the Roman
Pontiff,—before whose threats and anathemas
Henry had so ignominiously crouched:—Yet
though all the thunder of the Vatican was levelled
against him,—and the Archbishop of York, armed
with Papal authority, had not only excommunicated
him, but placed the kingdom under an interdict;
still he maintained his point with inflexible
resolution, till the judgment of the apostolic
father was annulled, and an honourable compromise
obtained. The contrast thus exhibited by
his vassal could not be very consoling to the
feelings of the English monarch.
In the year 1178, William, in the same spirit,
founded and amply endowed an abbey at Aberbrothick,
in honour of the holy martyr, Thomas à
Becket,—a saint who had been thrust down the
throat of his liege-lord with the salutary application
of the whip. It would be doing William injustice
to doubt the sincerity of the gratitude which
instigated him to this act of munificence.
In 1189, Henry II. died, and was succeeded by
his son Richard Cœur de Lion. Unlike his father,
Richard, though haughty and imperious, was
alive to all the noble and virtuous qualities which
ought to constitute the character of a king. As
soon after the obsequies of his father as decency
would permit, he invited William to his court at
Canterbury, and magnanimously restored Scotland
to her independence. The important document
runs thus—“That Richard had rendered up to
William, by the grace of God, King of Scots, his
castles of Rokesburgh and Berwick, to be possessed
by him and his heirs for ever as their own
proper inheritance.”
“Moreover, we have granted to him an acquittance
of all obligations which our father extorted
from him by new instruments, in consequence of
his captivity; under this condition always, that
he shall completely and fully perform to us whatever
his brother Malcolm, King of Scotland, of
right performed, or ought of right to have performed,
to our predecessors.”29 “Richard,” says
Lord Hailes, “also ordained the boundaries of the
two kingdoms to be re-established as they had
been at the captivity of William.” He calls them,
“the marches of the kingdom of Scotland, (marchiæ
regni Scotiæ.”)
“He became bound to put William in full possession
of all his fees in the earldom of Huntingdon
or elsewhere, (et in omnibus aliis), under the
same conditions as heretofore.”
“He delivered up all such of the evidences of
the homage done to Henry II. by the barons and
clergy of Scotland, as were in his possession, and
he declared, that all evidences of that homage,
whether delivered up or not, should be held as
cancelled.”
“The price which William agreed to pay for
this ample restitution, was ten thousand merks
sterling.”
It is with difficulty a smile can be suppressed
when we find, even in the 19th century, an author
of such learning and talents as Dr Lingard, endeavouring
to fritter away the meaning and import of
the above deed of restitution, by such fallacious
reasoning as the following: “The King’s” (Richard
I.) “Charter to the King of Scots may be
seen in Rymer, i. 64. It is NOT, as sometimes has
been supposed, a FORMAL RECOGNITION OF THE
INDEPENDENCE OF SCOTLAND, but a recognition,
on the part of Richard, of all those RIGHTS which
Henry had extorted from William for his RANSOM.
In lieu of them he received ten thousand
pounds, probably the sum which William would
have given to Henry. The respective rights of
the two crowns, are now replaced on the same
footing as formerly. William was to do to Richard
whatever Malcolm ought to have done to
Richard’s predecessors, and Richard was to do to
William whatever they ought to have done to
Malcolm, according to an award to be given by
eight barons, to be equally chosen by the two
Kings. Moreover, William was to possess in
England the lands which Malcolm had possessed:
and to become the liegeman of Richard for all
lands for which his predecessors had been the liegemen
of the English Kings. The award was afterwards
given, by which it appears that the words
libertates, dignitates, honores, debiti, &c. mean the
allowances to be made, and the honours to be shewn,
to the King of Scots, as often as he came to the
English court by the command of his lord the English
King, from the moment that he crossed the
borders till his return into his own territories,
Rym. i. 87. This will explain the clause of Salvis
dignitatibus suis, in the oath taken by the Scottish
Kings, which some writers have ERRONEOUSLY
CONCEIVED TO MEAN, SAVING THE INDEPENDENCE
OF THEIR CROWN.”30 If William was
already the vassal of Henry, where was either the
policy or the necessity of the latter bringing his
right of homage into question, by making it again
a subject of negociation? and if it was not for “A
FORMAL RECOGNITION OF THE INDEPENDENCE
OF SCOTLAND” that William paid the ten thousand
pounds (merks) to Richard, for what purpose was
that sum paid? Henry extorted no money from William
for his “RANSOM;” his vanity being amply
gratified by the deed of homage. Richard had no
claim to 10,000l. from William, without granting
him what he considered an equivalent. This
equivalent could not have been the independence
of the Scottish church; for even during the reign
of Henry, we find, by a note appended by the
learned author to his work, (vol. ii. p. 397, 3d
Edit.), that when the obedience of the Scottish
church was demanded by the Archbishop of York,
“it was answered that none was due; and the answer,
after a long controversy, was confirmed by
Pope Clement III. in 1188.”
How “Salvis dignitatibus suis” can be explained
so as not to include the independence of
the monarch’s crown, we are much at a loss to
perceive. One thing, however, is sufficiently apparent,
that the sophistry we have quoted ought
not to have found a place in a publication of such
acknowledged merit as that of Dr Lingard.
As he has evidently allowed the prejudices of
the old English chroniclers to warp his judgment
in this affair, we may be permitted, in order to
place the question on its proper basis, to quote the
following short passage from his own work, by
which it will be seen that the Lion of England,
showed as little pluck as HE of Scotland, when placed
in a similar situation.—“In an assembly of the
German Princes and English envoys, by the delivery
of the cap from his head, he [Richard I.] resigned
his crown into the hands of Henry; who restored it
to him again to be held as a fief of the empire, with
the obligation of a yearly payment of five thousand
pounds.”31 Had this claim been prosecuted against
England with the same pertinacity as England
advanced her absurd pretensions against Scotland,
it is presumed they would have been repelled
with similar scorn and derision.
Though the generosity of Richard towards William
in the above transaction appears sufficiently
conspicuous, yet there was that in the situation of
his affairs which rendered it a matter of political expediency.
From the arrangements necessarily connected
with the crusade, in which he and his barons
were about to embark, it became a matter of necessity,
before he left Britain, to do something towards
smoothing down the mane of the chafed Lion of
Scotland. The gracious manner in which the
boon was conferred, fixed its proper value in the
estimation of the Scots, and “converted an impatient
vassal and implacable enemy into a faithful
and affectionate ally.”
English historians have, on this occasion, charged
Richard with impolicy. Happy would it have
been for both countries, if his successors had possessed
half the sagacity he displayed on this occasion.
The consequence of this prudent measure
was a cessation of hostilities between the two nations
for nearly a century. This tranquillity—uninterrupted
except by the assistance which Alexander
II. rendered the English barons, when engaged
in protecting their liberties against the encroachments
of King John—was highly beneficial
to both kingdoms. Intermarriages took place
among the nobility, and to such an extent, that
there were few families of note but had their connexions;
and many became possessed of lands
under both governments. Trade rose to be an
object of attention, and received encouragement
from the legislature. The Scottish burghs emerged
from obscurity; and money became so plenty,
that, though William had given ten thousand
merks for the resignation of the homage of Scotland,
and a farther sum of two thousand,32 to enable
Richard to make up the ransom exacted from
him by the Emperor, still he was able to offer fifteen
thousand merks for Northumberland,33 besides
giving dowries upon the marriage of his two
daughters,34 amounting to fifteen thousand more.
The burgesses of the towns had, in this short interval,
so much increased their means, as to offer
six thousand merks on this occasion. The nobles
offered ten thousand; and on the supposition that
both ranks tendered according to their ability, it
may afford some criterion for judging of their relative
situations in pecuniary matters. Though
all these drains had been made on the treasury,
yet Alexander II. was able to give ten thousand
merks, besides lands, as a dowry to his second
sister. He also sent35 two bishops as envoys to
Haco, King of Norway, to negociate the purchase
of all the Western Isles, which they entreated
him to value in fine silver. The overture, though
declined by Haco, shows the state of the precious
metals among the Scots of those days.
In the year 1234, though the resignation by
Richard must have been still fresh in the memory
of the English, Pope Gregory IX., at the request
of Henry, exhorted Alexander to perform
the conditions of the old treaty between Henry
II. and William of Scotland. Alexander had too
great a regard for the Head of the Papal Church,
to let him remain long in ignorance of the impropriety
of such exhortations; and with the same
spirit which characterized the conduct of his father
towards the See of Rome, refused, according to
Lord Hailes,36 “to receive a Legate, whose original
commission respected England alone,” as it
“might be interpreted in a sense prejudicial to the
independency of the Scottish church. It is reported
that Alexander consented to his admission,
at the joint request of the nobility of both kingdoms,
and that he insisted for, and obtained a
written declaration from the Legate, that this should
not be drawn into a precedent. Certain it is, that
the Legate proceeded not beyond Edinburgh, and
that Alexander avoided his presence.” It is added,
“The Legate sojourned in the principal towns
on this side the sea, and having collected a large
sum of money, secretly, and without leave asked,
he departed from Scotland.”
Lord Hailes continues, “Such was the magnanimity
of Alexander II. that the high-spirited
Pontiff, Gregory IX. submitted to soothe him by
a detail of specious and affected reasons, tending
to evince the propriety of a legation in Scotland.”
The “church of Scotland,” says that Pope, “acknowledges
the Romish see as her immediate
mother in things spiritual. To leave her destitute
of the consolation of a Legate from us, would be
an indignity which we cannot in conscience allow.
Were we, by our Legate, to visit the church of
England, and yet neglect the neighbouring church
of Scotland, she might think us destitute of maternal
affection.”
In 1239, Alexander married Mary de Couci,
daughter of a powerful baron in Picardy. The
politics of this lady’s family were adverse to England,
and Henry became jealous of her influence
over her husband. Various circumstances occurred
to foster the seeds of animosity in the mind
of the English monarch; among other things, it
was told him that Alexander had said, That
“he owed no homage to England for any part
of his territories, and would perform none.”
Henry secretly prepared for war, by soliciting succour
from the Earl of Flanders, and instigating
the Irish to invade Scotland; while he collected
a numerous army at Newcastle, ready to co-operate
with them.
Though the claim of homage was not put forth
among the reasons for this display of hostility, yet
the real ground of quarrel was well enough understood
by the Scots; and on that account the
war became so popular, that though Henry had
intercepted troops sent to aid Alexander by John
de Couci, his brother-in-law, he was enabled to
confront his enemy with a formidable body of
well appointed cavalry, and nearly one hundred
thousand foot, all hearty in the cause, and animated,
by the exhortations of their clergy, to the
highest pitch of enthusiasm. Under these circumstances,
Henry found it expedient to negociate;
and his lofty pretensions were softened down to a
very moderate and reasonable agreement, viz.
“Alexander became engaged to live in amity with
England, and never to aid her enemies, unless the
English should do him wrong.”
With such a character, Henry found it was in
vain to tamper. We, therefore, hear nothing more
of Scottish homage till after the death of Alexander,
who being succeeded by his son, a child of
eight years old, Henry solicited a mandate from
Pope Innocent IV. to the effect, “That Alexander,
being his liegeman, should not be anointed or
crowned without his permission. He also requested
a grant of the tenth of the ecclesiastical
revenues of Scotland.” To expect that the last
request would have been granted, was preposterous;
but Henry perhaps imagined, that by angling
with two hooks, he might chance to catch one
fish. “The Pope honestly and peremptorily rejected
both requests; the first, as derogating from
the honour of a sovereign prince; the second, as
unexampled.” In the mean time, the Scots, without
deigning to wait the decision of the Pontiff,
proceeded with the coronation of their infant sovereign.
On the 26th December 1252, Alexander III.,
being about ten years of age, appeared at York,
to celebrate his nuptials with Margaret, daughter
of Henry III., to whom he had been betrothed in
1242. After doing homage for his estates in England,
Henry also demanded that he should do
homage for the kingdom of Scotland, as a fief
holding of England, “according to the usage recorded
in many chronicles.” The answer of
Alexander showed that his instructors had not left
him unprepared on the subject. He stated, “That
he had been invited to York to marry the Princess
of England, not to treat of affairs of state, and
that he could not take a step so important, without
the knowledge and approbation of his Parliament.”37
Passing over the meanness of Henry,
in endeavouring to circumvent a child of ten years
old, the futility of thus practising upon a minor,
ought to have prevented such a proposal; since he
must have known, that although Alexander had
even then reached the years of maturity, yet, without
the sanction of his Parliament, his compliance
was unavailing. Indeed Henry’s attempt to entrap
the innocence of his son-in-law, would almost indicate
that he was very far advanced in dotage.
Henry appears either to have seen his mistake
afterwards, or to have become ashamed of his attempts
on Alexander. In 1259, the Pope, having
appointed his own chaplain, John de Cheyam, an
Englishman, to the vacant see of Glasgow, Henry
thus writes to Alexander, who intended the vacancy
for Nicolas Moffat, Archdeacon of Teviotdale.
“Although he is my subject,” said Henry,
“I would not solicit you in his behalf, could any
benefit arise to you from your opposition to a man
on whom the Pope has already bestowed ecclesiastical
jurisdiction.”
In 1260, the Queen of Scotland became enceinte;
and being desirous to lie-in at her father’s
court, Alexander accompanied her, after the following
clause was inserted in their safe-conduct,
“That neither the King nor his attendants should
be required to treat of state affairs during this
visit.” Henry also made oath, that he would return
the Queen and her child in safety to the
Scots.
In 1263, Henry affected to use his influence
with Haco, King of Norway, to desist from his
hostile intentions against Scotland. Haco denied
such intentions; and Alexander, who perhaps
questioned the sincerity of Henry’s interference,
sent the Steward of Scotland to demand payment
of the arrears of his daughter’s dowry. Henry
made a partial payment of five hundred merks,
and promised the remainder in two instalments,
one at Michaelmas 1263, and the other at Easter
1264. “I appoint such distant terms,” said he,
“because I mean to be punctual, and not to disappoint
you any more.” “To an English reader,”
says Lord Hailes, “this might seem incredible;
but the original instrument exists.”
In 1268, Prince Edward, son of Henry, being
about to engage in a crusade, Pope Clement IV.,
at the instigation of the English court, ordered the
Scottish clergy to pay a tenth of their revenues to
the King of England, to aid the undertaking. This
indirect attempt on their liberties was resisted by
Alexander and his ecclesiastics, who spurned at the
obnoxious assessment, though they declared their
willingness to furnish their proper quota of crusaders.
Adam Earl of Carrick, and David Earl of
Athol, with other barons, engaged in the expedition.
On Michaelmas day 1278, Alexander, being
present in the English Parliament, swore fealty to
Edward, in general terms, for the lands held by
him of the Crown of England. Edward accepted
it, “saving the claim of homage for the kingdom
of Scotland, whenever he or his heirs should think
proper to make it;” an early development of the
views of this ambitious monarch, which did not
escape the notice of Alexander.
No further measures inimical to the independence
of Scotland, appear to have been taken till
1284, when Edward applied to Pope Martin IV.
for “a grant of the tenths collected in Scotland for
the relief of the Holy Land.” The conduct of
the Pontiff, however, showed the opinion he entertained
of the request. He made the grant under
these conditions, all equally unpalateable or
inconvenient to the royal applicant: They were,
“That Edward himself should assume the cross
before Christmas,—obtain the consent of the King
of Scots—and, out of the money levied, supply
the Scottish crusaders.”
The following year, Scotland was deprived of
the prudent and watchful guardianship of her monarch;
who was killed by an accident, 16th March
1285–6. At a grand council held at Scone, 11th
April 1286, a regency was appointed for the government
of the kingdom. The lineage of Alexander
had become extinct in his person, with the
exception of an infant grandchild, daughter of Eric,
King of Norway. This female, whose right to
the crown had been solemnly acknowledged by
the Scottish barons in 1284, was deemed by Edward
a desirable match for his son; and he lost no
time in despatching ambassadors to Scotland to
negociate a marriage. From the comparatively
good understanding that had prevailed between the
two countries during the late reign, he found the
Scots no way opposed to his views. The proposal
was therefore entertained; and, on the 18th
July 1290, the regents, clergy, and baronage of
Scotland, having met the ambassadors of England
at Brigham, situated on the north bank of the
Tweed, between Coldstream and Kelso, a treaty
was concluded, consisting of fourteen articles; in
all of which not the slightest allusion is made to
any superiority over Scotland, with the exception
of the following clause:—“Saving always the
right of the King of England, and of all others
which, before the date of this treaty, belonged to
him, or any of them, in the marches, or elsewhere,
or which ought to belong to him, or any of them,
in all time coming.”
In the salvo thus artfully introduced, we have a
continuation of that quibbling, sinister, and narrow-minded
policy, which marked the conduct of the
English Government in this disgraceful affair. After
the question had been so completely set at rest,
it was extremely irritating for the Scots, whenever
any national calamity befel them, to be annoyed by
the perpetual recurrence of such barefaced attempts
upon their liberties. Though the Kings of
Scotland repeatedly did homage to the Kings of
England, for the lands they held in that country,
it was no more than what the latter submitted to
do to those of France. When the English, therefore,
strove, by such insidious measures, to entrap
the inexperience of the Scottish Kings, and to encroach
on the independence of their crown, it engendered
among those who had the honour of their
country at heart, a bitterness of spirit, which, as
the attempts were persevered in, settled down to a
deep-rooted and inextinguishable animosity. There
was no scarcity of men in both countries, who had
sufficient penetration to see, and judgment to appreciate,
the advantages that might have been secured
to all, were the whole island united under
one head. But, from the ungenerous policy of the
English, this desirable object could not be attained,
except by a sacrifice on the part of the Scots,
of all that honourable minds hold dear,—THE GLORIES
OF A LONG AND UNCONQUERED LINE OF
ANCESTRY, THEIR OWN INDEPENDENCE, AND
THE CONSEQUENT DEGRADATION OF THEIR OFFSPRING.
These were the terms which the English
unjustly demanded; and such terms the Scottish
nation as sternly rejected.38 Events have
shown the soundness of their judgment; and their
posterity may learn, from the history of Ireland,
the extent of gratitude to which their patriotism is
entitled.
The question of homage has now been traced
from its origin to the negociation of Edward with
the Scots at Brigham. Had all other evidence
respecting the independence of Scotland been destroyed,
the existence of this treaty would alone
have annihilated the pretensions of Edward: For,
if the King of Scots had been the liegeman of the
English monarch, his daughter, or any unmarried
female succeeding to the throne of Scotland, would
of necessity have been a ward of the English
crown. Can it, therefore, for a moment be supposed,
that Edward I., a prince so feelingly alive
to what he considered his prerogative, and whose
political sagacity and intimate acquaintance with
the whole system of jurisprudence had procured
for him the title of the “English Justinian,”
would have so far forgotten what was due to himself,
as to submit to negociate, where he had a right
to command?
The views, however, of both parties in the above
treaty, were not destined to be realized. The
young Queen, the object of such solicitude, and
on whom the hopes of the Scottish nation were
suspended, sickened on her voyage, and died
at Orkney about the end of September 1290.
No provision had been made for the succession
to the Scottish crown, beyond the offspring of
Alexander; and, as Lord Hailes judiciously remarks,
“the nation looked no farther, and perhaps
it durst not look farther.” Under these circumstances,
the sceptre of Scotland became a bone of
contention between the leaders of two powerful
factions; and there being no third party in the
country able to control and enforce the submission
of the unsuccessful claimant, it was deemed expedient
to submit their pretensions to the arbitration
of the King of England. Edward, who
watched every opportunity of aggrandizing himself
at the expense of his neighbours, had determined,
whether solicited or not, to interfere in the disposal
of the Scottish crown. Having summoned
the barons of Yorkshire, Lancashire, Westmoreland,
Cumberland, and Northumberland, (among
whom were Bruce and Baliol, the two competitors
for the Scottish throne), to meet him, with horse
and foot, at Norham, on the 5th June, he desired
the nobility and clergy of Scotland to assemble at
the same place on the 10th May.
A conference accordingly was held, when Edward
commanded Roger le Brabazon, Justiciary of
England, to inform the assembly in his name,
“That he had considered the difficulties in which
the kingdom of Scotland was involved by the
death of Alexander and his offspring, and the
dangers arising from disputed succession: That
his good will and affection to the whole nation,
and to each individual in it, were sincere, for in
their defence he himself was interested: That he
had called the Scots to meet him at this place,
with the view that justice might be done to all the
competitors, and the internal tranquillity of the
kingdom established: That he had undertaken a
long journey to do justice, in person, to all, as
Superior and Lord Paramount of the Kingdom
of Scotland: That he meant not to encroach on
the rights of any man; but, on the contrary, as
Lord Paramount, to administer ample and speedy
justice to all.”
That his purposes might be the more effectually
accomplished, he required their hearty recognition
of his title as Lord Paramount; and he declared
his willingness to use their advice in the
settlement of the nation.
The whole assembly stood motionless and
silent. At length some one had the courage to
utter these words:—‘No answer can be made
while the throne is vacant.’ ‘By holy Edward!’
cried the King, ‘By holy Edward, whose
crown it is that I wear, I will vindicate my just
rights, or perish in the attempt!’”39 The Scots requested
a delay in order to inform those of their
countrymen who were absent; and, in consequence,
the proceedings were put off till the next day. A
further delay was then requested; and they were
allowed a term of three weeks. By that time,
Edward knew that the barons he had summoned
would be assembled in arms.
This power was, no doubt, intended to insure
the submission of the Scots. Enemies, however,
more dangerous than the English barons, were at
work in their councils. Amongst the secret emissaries
of Edward, William Frazer, Bishop of St
Andrew’s, and one of the Regents, acted with
treacherous duplicity towards his colleagues. A
partisan of Baliol, he scrupled at no means, however
disgraceful, provided they advanced the interest
of his employer.40 Conduct of this kind
could not well be concealed; it quickly engendered
animosity and distrust among those who adhered
to the interest of Bruce. Weakened, therefore,
by their jealousies, and disunited by their
conflicting interests, the aristocracy of Scotland
soon became as subservient as the crafty usurper
could desire.
Edward, finding them in this manner moulded
to his purpose, and wishing to take away the appearance
of compulsion, appointed the Scots to meet
him at Upsettlington, within the boundary of their
own country. The Bishop of Bath, who was the
Chancellor of England, resumed the proceedings
of the adjourned meetings. He stated, that “by
various evidences, it sufficiently appeared that the
English Kings were Lords Paramount of Scotland,
and, from the most distant ages,41 had either
possessed, or claimed that right; that Edward had
required the Scots to produce their evidences or
arguments to the contrary, and had declared himself
ready to admit them, if more cogent than his
own, and upon the whole matter to pronounce
righteous judgment; that as the Scots had produced
nothing, the King was resolved, as Lord
Paramount, to determine the question of the succession.”42
The Scots were right in refraining from the
discussion of a question which they knew had long
since been set at rest. Had they entered the arena,
they would have found themselves but ill prepared
to meet the lawyers of Edward,43 who had possessed
themselves of the chronicles and other
writings that were kept in those Scottish monasteries,
which had been under the charge of English
ecclesiastics. These records were afterwards
found to differ essentially from those kept in monasteries
where Scottish churchmen had the superiority.
In the muniments of the former, every
thing favourable to Scotland, respecting the question,
had either been suppressed, or rendered nugatory
by interpolation; while in the archives of the
latter, her ancient independence and unsullied reputation,
were as clearly manifested. A reference,
however, to these falsified documents, surprised
and bewildered the inexperienced among the Scots.
It was part of the policy of Edward to increase
the difficulties of coming to a decision, by encouraging
new candidates to come forward; as their
claims, though futile, alarmed the original competitors,
and rendered them more obsequious to his
will. At this meeting eight claimants appeared
for the crown, and they were afterwards increased
to ten; all of whom, including Bruce and Baliol,
acknowledged Edward as Lord Paramount of
Scotland, and agreed that seizine of the kingdom
and its fortresses should be delivered to Edward;
“because,” said they, “judgment cannot be without
execution, nor execution without possession of
the subject of the award.” Edward was to find
security for the faithful restitution of his charge
in two months from the date of his award.
In consequence of this agreement, Scotland and
her fortifications were surrendered into the hands
of her artful adversary on the 11th June 1291.
An universal homage was now required; and
during the summer, many churchmen, barons, and
even burgesses, swore fealty to the usurper.