'Quhen Alysandyr oure Kyng wes dede, That Scotland led in lu?e and lÉ, Away wes sons of ale and brede, Off wyne and wax, off gamyn and glÉ: 'Oure gold wes changyd in to lede. Cryst, borne in to VyrgynytÉ, Succoure Scotland and remede, That stad [is in] perplexytÉ.' Wyntoun, VII. fin. A most fateful date in the history of Scotland was the 19th of March 1285–86. In the dusk of that memorable day, King Alexander III., riding along the coast of Fife, near Kinghorn, was thrown over a precipice and killed. He was only in the forty-fifth year of his age, though in the thirty-seventh year of his reign. If we take our stand at Kinghorn on the next melancholy morning, and gaze backwards and forwards on the history of the country, we shall witness the most impressive contrast of peace and war that is presented in the annals of Scotland, or perhaps of any civilised nation in the world. This awful contrast forms a most essential element in determining the judgment of history on the policy of the Scots and of the English kings. At the death of Alexander, Scotland was a most prosperous country, steadily advancing in the arts of peaceful life—'more civilised and more prosperous,' says Innes, with THE PROJECT OF MARRIAGEThe shadows of coming trouble had fallen upon Scotland before the death of Alexander III. The family of the King had been swept away by death. His first queen, Margaret, eldest daughter of Henry III. and sister of Edward I. of England, had died in 1275. His younger son, David, had died in 1280. His elder son, Alexander, who married Margaret, daughter of Guy, Count of Flanders, in 1282, had died without issue early in 1283–84. His only daughter, who married Eric II., King of Norway, in 1281, had also died early in 1283–84, leaving a daughter. Alexander was little over forty. Still there is no assurance of length of days; and if he should die there would be a minority, probably a disputed succession, possibly an active revival of the English claim to over-lordship. In these circumstances, Alexander at once proceeded to take such precautions as he could. He summoned a Parliament at Scone on February 5, 1283–84, and obtained from his nobles their solemn acknowledgment of Margaret, Princess of Norway, as heiress of Scotland, failing issue of himself and of his late son. Towards the end of next year, he also married a second wife, Joleta (or Iolande), daughter of the Count de Dreux; but she bore him no child. Alexander must have often and anxiously reflected upon the likelihood of a recurrence of such baronial rivalries as had proved a grave danger to the country during his own minority. On his tragic death on March 19, 1285–86, the hopes of the nation were left to rest upon the fragile Maid of Norway. For a short period the affairs of the kingdom maintained a placid course. On April 11, 1286, the magnates assembled at Scone, and selected six of their number to act as a Council of Regency, with the official For one thing, there is extant a letter of credence, dated Dunfermline, March 29, 1286, addressed to King Edward by the Bishops of St. Andrews and Glasgow, 'in their own name, and in the name of the clergy, earls, barons, and all others of the realm of Scotland, who had been present at the burial of the lord Alexander of good memory, the late illustrious King of Scotland,' and commending to Edward's confidence the two bearers, the Prior of the Dominicans of Perth and brother Arnold. The two friars were to deliver an oral communication, and bring back the King's answer. There remains no record of the matter of either message or reply. It is not easy to suppose that the business was of no deeper import than formal and complimentary intercourse. In view of the circumstances, it all but certainly must have borne reference, in part at least, to the settlement of the succession. The political record of the Bishop of St. Andrews is not calculated to disarm suspicion. Edward, at any rate, appears to have been satisfied, for he presently embarked for France, and remained away for more than three years. Again, a few months later, Bruce of Annandale—ex-Chief-Justice of England, smarting under his recent supersession—Bruce and his principal adherents took quiet action in view of contingencies. On September 20, at his son's castle of Turnberry, fourteen Scots nobles—Patrick, Earl of Dunbar, and three sons; Walter, Earl of Menteith, and two sons; Bruce, lord of Annandale, Somewhere about this time, moreover, Bruce passed from speculation to action. Balliol, in his pleadings before Edward in 1291, averred that, in violation of their oath of fealty to Queen Margaret, 'Sir Robert Bruce and the Earl of Carrick, his son, attacked the castle of Dumfries with fire and arms, and banners displayed, and against the peace expelled the forces of the Queen, who held the same. Hence Sir Robert advanced to the castle of Buittle. He then caused a proclamation to be made by one Patrick M'Guffock, within the bailiary of the said castle,' with the result that good subjects were driven from the land. 'Furthermore,' the allegation ran, 'the Earl of Carrick, by the assent and power of his father, took the Lady of Scotland's castle of Wigton, and killed several of her people there.' A number of entries in the Exchequer Rolls combine to support Balliol's charge, and even to show that the wave of disturbance The temporary stir occasioned by Bruce's eagerness was the only ripple on the face of affairs for some three years. Early in 1289, however, Edward seems to have made up his mind to strengthen his hold on Scotland by a marriage between the young Queen and Prince Edward of Wales. The proposed parties, being cousins-german, were within the degrees prohibited by the canon law; and on May 8, Edward despatched Sir Otho de Grandison to Rome, with letters from himself and a petition from the Prince, soliciting from Pope Nicholas IV. the necessary dispensation. The idea may have presented itself to Edward's mind two years earlier; for on May 27, 1287, he had obtained a Bull from Pope Honorius IV. permitting him to marry his children to relatives in the fourth degree of affinity or consanguinity. However this may be, in April and May 1289, envoys passed to and fro between Edward and Eric on 'certain affairs,' which were no doubt affairs tending in the direction of the marriage. On November 6, commissioners representing the three countries concerned met at Salisbury, and concluded a treaty. Eric was to send the Queen to England or to Scotland by November 1 next year, free from matrimonial engagement. If she came to England, Edward would, on the establishment of security and peace in Scotland, and on the demand of the Scots nation, send her to Scotland, in like manner free from matrimonial engagement, provided 'the good nation of Scotland' gave 'sufficient and good security' to Edward not to marry her without the appointment and advice of himself and the assent of the King of Norway. The Scots envoys engaged to establish such order as to secure the Queen in the quiet enjoyment of her realm. The preamble of the treaty is framed so as to convey that Eric was the prime mover in the business. He is represented as having applied to Edward for aid and advice, the object being to secure for Edward's niece the obedience of her subjects and the free exercise and enjoyment of her royal powers, after the manner of other kings in their own kingdoms. On receiving this At a conference held at Brigham on March 14, 1290, the treaty of Salisbury was confirmed. Three days later, the Guardians, who had now at least been informed of Edward's intention and of the dispensation, Meantime the Guardians had been taking thought for the security of the kingdom. The negotiations with Edward issued in the treaty of Brigham on July 18, 1290. By this treaty it was provided that the laws, liberties, and customs of Scotland should remain inviolate for ever, and that the realm should remain separate from, and entirely independent of, England. No parchment terms The ardent development of Edward's care for his grand-niece and his son ought to have been at least suggestive. There remain two striking documents, dated August 28. In one of them, the Guardians agree to deliver the castles of Scotland under certain conditions to their Queen and Prince Edward; and in the other, Edward notifies the Guardians of his appointment of Bishop Bek to act in concert with them as lieutenant of the royal couple. For it was incumbent upon him to respect his oath to maintain the laws of Scotland. He even appears to have gone so far as to demand the surrender of the castles to himself, but this demand the Guardians refused. The whole of the laborious structure was levelled to the ground on October 7, when the Bishop of St. Andrews reported to Edward the rumour of the Queen's death at Orkney. The Queen had died on the passage from 'Norrowa' o'er the faem.' The details are unknown. The very fact, indeed, has been questioned; for a young woman claiming to be Margaret, and telling a circumstantial story of her being kidnapped at Orkney on the voyage to Scotland, was burnt at the stake at Bergen in 1301 as an impostor. Be this as it may, the luckless Margaret now passes out of the history of Scotland, leaving a divided kingdom face to face with the aroused cupidity of a determined, astute, and unscrupulous neighbour. THE ASSERTION OF OVER-LORDSHIP.Who should now succeed Margaret on the Scottish throne? Fordun relates that Malcolm, the first 'rex Scotiae,' decreed a change in the principle of succession. This enactment is said to have provided that thenceforth each king should be succeeded by whoever was, at the time being, the next descendant; that is, a son or a daughter, a nephew or a niece, the nearest then living. The death of Margaret at once urged the competitors to fresh activity. The Guardians were divided in their sympathies, and the division no doubt ran deep into the community. The first overt movement, so far as existing documents indicate, was made by Bruce. It was an indirect, tentative operation. Towards the end of the year (1290), an appeal was preferred to Edward by 'the seven earls' and the community of the realm of Scotland against the Bishop of St. Andrews and Sir John Comyn in respect of their action as Guardians. The appellants asserted their privilege of placing the King of Scotland on the throne, complained of acts of oppression exercised by the Guardians on Donald Earl of Mar and the freemen of Moray, narrated the recognition of Robert Bruce of Annandale as next heir to the throne by Alexander II., and alleged some minor grievances. At this time there were only four Guardians, the Earl of Fife having been murdered and the Earl of Buchan having died; and the two not inculpated, the Steward of Scotland and the Bishop of Glasgow, were fast friends of Bruce. Mar and Moray also leant to Bruce's faction. Evidently the appeal was promoted in the interests of Bruce, and with his knowledge, if not positively at his instigation. There is no record of any answer. There is a glimpse of still earlier action by Bruce in the letter of the Bishop of St. Andrews to Edward, reporting the rumour of the Queen's death. The rumour arrived when the Estates were sitting to receive Edward's The Waverley Annalist states that in March 1291, on the day after Ascension, Edward declared to his nobles, in the presence of nine of the competitors, who at the same time submitted their claims to him, that he was resolved to subdue Scotland as he had recently subdued Wales. But Edward was now on the peaceful tack of legal process. The competitors, though mostly great Scots nobles, were also mostly the liegemen of Edward for large possessions in England; and not one of them could dare to claim the throne of Scotland without regard to Edward's opinion. It was quite inevitable that every one of them should submit to his judgment. Besides their material interests in England, they were of Norman descent and of Norman upbringing and Norman sympathies, Edward had taken good care not to allow the matter to slumber through the winter. He had sent forth his commands to all the religious houses of the land, requiring them to search diligently in their chronicles, and to transmit to him speedily extracts of all such passages as might bear on the relations of England and Scotland. Such of these extracts as had come to hand, he caused to be recited before his Parliament assembled at Norham on May 10. By the mouth of his Justiciary, Sir Roger le Brabazon, he set forth his solicitude for the peace of Scotland and his anxiety to do justice to all, and required the Scots prelates and nobles to recognise his superiority and direct lordship—a claim affirmed to be 'clear, from chronicles found in different monasteries and other places in England and Scotland, from other sources of information, from certain documents, and on most evident reasons.' The Scots nobles present, although previously informed of Edward's intentions, represented their inability to reply without further consultation with nobles and others not then present. The meeting was adjourned till next day, when Bishop Bek, not Edward personally, announced that they might take three weeks, at the end of which time they would be expected to produce any evidence they might be able to find against the King's claim of superiority. Meantime the returns from the religious houses continued to pour in. The Scots nobles also must have exhibited anxiety for the independence of Scotland; for on May 31 Edward made them a declaration that the coming of the magnates and the Community of Scotland to Norham should not be drawn into a precedent in Next day the proceedings were resumed on the English side of the Tweed, in the parish church of Norham. Balliol, who had been absent on the previous day, now made his acknowledgment. The Bishop of Bath and Wells advanced Edward's pretensions another step; he explained that Edward did not construe the possession and exercise of his right of over-lordship as excluding his hereditary right of lordship. Then, as to the mode of proceeding towards the determination of the claims of the competitors, Edward suggested that the chief claimants, Balliol and Bruce, should each, on behalf of themselves and such other competitors as should agree, nominate forty arbiters or auditors, the King himself being content to nominate twenty-four, more or less, to hear the evidence and to report to him, whereupon he would give his decision. The one hundred and four arbiters were appointed accordingly on July 5; and next day they fixed the hearing to take place at Berwick, the King himself appointing August 2 as the date. The 11th of June had been a memorable day. The Guardians formally resigned the kingdom and its castles to Edward as over-lord. The Bishop of Caithness, on the nomination of the Scots nobles, was appointed by Edward Chancellor of Scotland; and with him was associated the King's own clerk, Sir Walter de Amundesham The great process was resumed on August 3 at Berwick. The competitors, now increased to twelve, presented their claims in technical form before the hundred and four auditors. The first object was to decide the point of law at issue between Balliol and Bruce, namely, whether the nearer descendant by the younger child or the more remote descendant by the elder child had the preferable title. 'Perhaps,' as Burton says, 'the policy of the arrangement lay in this, that in Bruce and Balliol, and those they might bring with them, the Lord Superior knew whom he had to deal with personally; among a set of miscellaneous strangers, bringing their friends and supporters into the controversy, he might find troublesome people.' The question, if in some sense 'a by-question between two It had been alleged that some document founded upon by the Count of Holland was missing, and this gave the King a welcome opportunity of further demonstrating his resolution to do justice to the last iota. On this 12th of August he appointed certain commissioners to examine all documents presented by suitors or 'in any way touching us and our kingdom,' whether in Edinburgh Castle or elsewhere in Scotland. Under the order many papers were carried away and deposited in Berwick Castle. It does not appear that anything of importance or of immediate relevance was discovered. Certainly Edward found nothing to support his claim of over-lordship, otherwise he would have utilised it, and had it carefully recorded. Whatever his real intention in directing the search, his subsequent dealings with Scotland gave colour—and probably quite false colour—to later allegations charging him with the express purpose of wantonly destroying the national records. During the next five or six days (August 13–18), Edward manifested his satisfaction with events in a manner peculiarly pleasing to some half-dozen Scots magnates. There remains a record of certain grants he made to the Bishop of Glasgow, James Steward of Scotland, Earl Patrick of Dunbar, Sir John de Soulis, Sir William de St. Clair, Sir Patrick de Graham, and Sir William de Soulis. These grants are expressed to be made for various expenditure, and 'also for the zeal' the grantee 'had and has to promote peace and tranquillity among the people' of Scotland. The record, however, is cancelled in the Rolls, for the very sufficient reason that the particular grants were not made after all, equivalents being given instead. Every reader may make his own comment. While English counsels ruled the policy of the Guardians, and English castellans stretched their mailed hands over Scotland from the strongholds, the great cause dragged It is not relevant to the present purpose to pursue the arguments of the October meeting. On the 15th the case was closed, no doubt after private diplomatic dealing with the competitors. On November 17, Edward announced his decision in great state in the hall of Berwick Castle—in favour of Balliol. Thereupon he issued orders to the Guardians to deliver seisin of the kingdom to the new King, and to the castellans of the twenty-three chief strongholds to deliver them over to Balliol or his representatives. On the 20th, Balliol swore fealty to Edward at Norham; on the 30th he was enthroned at Scone; then he went back to Newcastle-on-Tyne, and, having eaten his Christmas dinner with his over-lord, did homage to him next morning as an invested King. On January 2, by letters patent, sealed by Balliol, by two great prelates, and by ten of the principal nobles of Scotland, Edward was acquitted of all obligations incurred by him while the country was in his hands; and two days later he acknowledged that his rights in Scotland were limited to homage and its pertinents. Some special favours of a pecuniary nature within the next few months intimate Edward's satisfaction Two or three points in this prolonged process invite particular remark. In the first place, as Burton justly points out,
Edward himself, however, was gifted with a deeper insight than all the rest. He at least was thoroughly aware of the deeper elements of the problem, and of their difficult character. At the Upsetlington meeting, while the prelates and nobles had nothing to urge against Edward's claims—for Wyntoun's record of the Bishop of Glasgow's bold denial of the pretended right of superiority must be held in suspense—the 'Community' of Scotland undoubtedly presented a protest. What this body had to say on the point, most unfortunately we do not know. It finds no place in the very full record of proceedings preserved in the Great Roll of Scotland. There is, however, no doubt at all that some answer was made, and that it was set aside as 'nothing to the point' (nihil efficax). But Burton's comment deserves to be carefully borne in mind. 'Transactions,' he shrewdly remarks, 'are profusely recorded, as if for the purpose of courting all inquiry into doubts or difficulties that might affect conclusions, yet one ever feels, throughout all this candour, that the truth is to be found There is another element in certain documents of the time that confirms this conclusion in a very striking manner. In the official record of the case, Edward is designated Lord Superior at every turn. There is a marked contrast, however, in the order he directed to each of the Scots castellans to deliver over their strongholds to English successors. 'In the preamble,' Burton points out, 'Edward does not make display of his office of Lord Superior, as in the documents which were not to go to Scotland. He is Edward, King of England, Lord of Ireland, and Duke of Guienne; and he demands delivery of the fortress by assent of the Guardians and of the several candidates, and only towards the conclusion does he briefly bring in his title of "Soveryn Seygnur."' In this order, as well as in the order as to fealty, he judiciously associates with himself the prelates and magnates of the realm of Scotland. Obviously, he exercised sleepless discretion in the pushing of his claims, with a careful eye on the possible effects in a high-spirited community. A word may also be said on the functions of the auditors. From the record of their appointment, it would seem to be plain enough that they were intended to sit together as a single board of referees. The magnanimity of Edward and his confidence in the justice of his cause were not ignored by the English chroniclers; eighty to twenty-four manifests a generosity of fairness. But then we have already seen that the auditors did not, at any rate always, act as a single body. At a late stage of the proceedings, two questions arose: By what law should the question be tried—by the Imperial (that is, the Civil or Roman) law, or by the laws and customs of England or Scotland? Is there any specialty in rank or dignity of this kingdom of Scotland that should exempt it from being adjudicated upon like the other tenures of the realm? 'On these two questions,' says Burton, 'King Edward's It remains to inquire briefly into the substantial validity of the claim of over-lordship. It might augur industrious adventure to penetrate to the misty age of Brute the Trojan and Scota the daughter of the King of Egypt. It would be little less futile to trace the records of the chronicles collected by Edward from the time of Edward the Elder down through four centuries. Henry III. appears indeed to have entertained the claim of over-lordship. There is no reference to homage, however, in connection with the treaty of Newcastle. Henry and Alexander II. simply engaged not to abet each other's enemies, and not to invade each other's territories without just provocation. Nor, when Alexander III. succeeded to the throne in 1249, at the age of seven, did Henry put forward any claim of wardship—a fact especially significant of the relations between the kingdoms. It is no doubt true that Henry prayed Pope Innocent IV. to prohibit the anointing and crowning of the child King of Scots, on the ground that Alexander was his liege vassal; for so much appears from the The case of 1278 is strikingly illustrative. In that year Alexander did homage to Edward I. at Westminster, and the fact is recorded in a transcript of a Close Roll in absolute terms: 'I, Alexander, King of the Scots, become liege man of the Lord Edward, King of the English, against all nations.' Allen verified the entry, and found that the writing was upon an erasure. The suspicion aroused by the erasure is not lightened by the record of the proceedings preserved in the register of Dunfermline Abbey. There the scribe expressed the homage of Alexander very differently: 'I become your man for the lands which I hold of you in the kingdom of England, for which I owe you homage, saving my kingdom.' Furthermore, it is added: 'Then said the Bishop of Norwich, "And saving to the King of England, if he right have, your homage for your kingdom," to whom the King instantly replied, saying openly, "To homage for my kingdom of Scotland no man has right, except God alone, nor do I hold that kingdom otherwise than of God alone."' The vague and insidious use of such expressions as 'if he right have,' or 'whatever right he may have,' or 'whenever he chooses to exercise Did King Edward honestly believe that he was entitled to the homage of the new King of Scots? The question may be least ungraciously answered by another question: Supposing the sides reversed, would Edward have submitted with intellectual conviction to the same claim advanced against himself on the same grounds? We decline to libel his intelligence. It is impossible to believe that he cared one atom for the chronicles he marshalled so industriously, except for indirect purposes. It is easy enough to understand that his conceptions of policy could readily justify a wrong as ministerial to what he conceived to be a higher right. THE TRIUMPH OF AGGRESSION.Uneasy lay the head that wore the crown of Scotland. The flatteries of King John's friends could not blind him to his isolation. The formal respect rendered to him often betrayed, not merely reluctance, but defiance and contempt. The leading men of the dissident factions soon proceeded to remove his friends from his side and to surround him with strangers, and even to take out of his control the direction of affairs. The St. Albans Annalist records that John dare not open his mouth, lest his people in their rage should starve him or throw him into a dungeon; 'he was like a lamb in the midst of wolves.' John's uneasiness was not mitigated by the action of his suzerain. Edward mixed his early complaisances with disagreeable reminders. Thus, on December 31, 1292, he required John to attend at Newcastle on the appeal of Roger Bartholomew, a burgess of Berwick. Meantime the King of France was preparing to mete out to Edward the same measure as Edward was meting out to John. He summoned Edward to answer before Edward's difficulties between France and Wales, as well as at home, furnished both encouragement and opportunity to the discontent seething in Scotland. A parliament was held at Scone. The Estates dismissed all English court officials, and appointed a Council of Twelve, probably after the model of the Twelve Peers of the King of France, to conduct the government. John was formally reduced to a figure-head. Urged by his Council, and stung by the humiliations heaped upon him by Edward, he entered into a secret alliance, offensive and defensive, with Philip of France, under which his son and heir, Edward Balliol, was to marry Philip's niece, the eldest daughter of Charles, Count of Valois and Anjou. John accredited his envoys to Philip in July 1295; the treaty was signed by Philip in October; and John ratified it at Dunfermline on February 23, 1295–96, with the assent, not only of his prelates and nobles, but also of the chief burgh corporations and other public bodies of the kingdom. The scheme was carefully placed 'on a broad popular basis,' and it seems to have been arranged with as little publicity as was consistent with a wide representation of the nation. 'This was the starting of that great policy which had so much influence for centuries on both sides of the British Channel—the policy of France and Scotland taking common counsel against England.' In the course of the early autumn of 1295, it is likely The inevitable collision was precipitated by an outbreak at Berwick, in which some English merchants were killed and their goods seized. On February 23, Edward issued urgent orders to hurry up the forces appointed to meet him at Newcastle-on-Tyne, directing that 'neither for assizes, gaol deliveries, or any other business' is the Sheriff of York to hinder the men of his county from arriving on the day fixed, apparently March 1. He summoned John to Newcastle to answer for the Berwick riot and his breaches of allegiance, but of course John declined the invitation. About the middle of March, Edward moved to Wark, just abandoned by the romantically traitorous Robert
The gallantry of the Flemings in defence of their Red Hall only ensured their destruction. 'Thus it was on the community among whom the protection of the Lord Superior was first sought that his vengeance first fell.' Berwick, 'the great city of merchant princes,' a 'second Alexandria,' was reduced to a common market-town. 'Such a massacre,' says Pearson, 'had not been witnessed within the four seas since the ravage of the North by the Conqueror. From this time a sea of blood lay between the English King and his Scottish dominion.' The castle was surrendered the same day by Sir William Douglas, on guarantee of the lives of the garrison. Edward remained at Berwick nearly a month, actively refortifying the town. It was in Berwick Castle, on April 5, that Edward received John's formal renunciation. John bluntly complained that he had been vexatiously cited to England at the trifling instance of anybody and everybody; that, without fault on his part, Edward had taken possession of his and his subjects' castles, lands, and possessions within his kingdom of Scotland; that Edward had taken his and his subjects' goods by land and sea, and resetted them in England; that Edward had killed merchants and other inhabitants of his kingdom; that Edward had forcibly carried off subjects of his from Scotland, and detained them in prison in England; that Edward had paid no heed to his representations; and that Edward had publicly summoned his army, and had now On March 26, while Edward lay at Wark, a large body of Scots, under Comyn, Earl of Buchan, made a foray from Annandale into Cumberland, assaulting Carlisle (where Bruce of Annandale was governor), and burning a large part of the city. On April 8, too, a foray was made by the same body from Jedburgh into Northumberland, wasting Coquetdale and Redesdale, and burning Corbridge, Hexham, and Lanercost. These expeditions were futile and inglorious efforts of retaliation. The troops returned to Jedburgh, and then took possession of Dunbar Castle, to reduce which Edward despatched a strong force under Warenne. The governor of the castle, Sir Richard Siward, agreed with Warenne to surrender unless relieved within three days. On the morning of the third day, Balliol's army came in sight, and, mistaking an irregularity of movement of the English troops for a retreat, rushed upon them from a stronger position, and was defeated, with fearful slaughter. Barons and squires crowded for refuge in the castle; Sir Patrick de Graham, whose fruitless valour extorted the unanimous admiration of Englishmen, died sword in hand. The castle surrendered next day to Edward himself, who consigned the flower of the fighting strength of Scotland to a score of castles in England and Wales. There is much reason to doubt whether Siward did not prove a traitor; and it looks as if the Scots nobles were entirely ignorant of his agreement for surrender. Scotland lay prostrate before the invader. Having appointed constables of the eastern border castles, On July 7, in the churchyard of Stracathro, John renounced his treaty with the King of France. And on July 10, in Brechin Castle, he formally resigned his kingdom and people, with his royal seal, to the Bishop of Durham, on behalf of the King of England. There was an end of 'Toom Tabard' as King of Scotland. He was kept in England at Hertford, the Tower, and elsewhere, till July 18, 1299, when he was delivered by Sir Robert de Burghersh, Constable of Dover, to the Papal Nuncio, Reynaud, Bishop of Vincenza, at Wissant in France, 'for disposal by his Holiness.' He lived to hear of the decisive victory of Bannockburn. From the middle of March onwards to autumn, homage and fealty were performed up and down Scotland to Edward and his representatives. Edward himself passed north to Elgin, and after a triumphal progress of twenty-one weeks returned to Berwick on August 22. He appointed John de Warenne, Earl of Surrey and Sussex, Governor of Scotland; Sir Hugh de Cressingham, Treasurer; and Sir William de Ormsby, Justiciar. He committed the subordinate wardenships, castles, and sheriffdoms to English officers. He made arrangements for the establishment of a new Treasury at Berwick, on the model of the Treasury at Westminster. He broke in pieces the ancient Great Seal of Scotland, and substituted a new seal. He had enforced his 'property and possession' of the realm of Scotland. Yet he left behind him the active germs of retribution. Among Edward's spoliations were two notable national possessions. One was the Black or Holy Rood, 'a That is to say: 'Unless the Fates are faithless grown, And prophet's voice be vain, Where'er is found this sacred stone, The Scottish race shall reign.' For a hundred years before the death of Alexander III., the peaceful administration and firm policy of the Scottish kings had immensely strengthened Scotland both in her internal organisation and in her external influence. It had inspired respect in the strongest of contemporary English sovereigns. Between Alexander III. and Edward I. there prevailed a genuine cordiality, based not more on family relationship than on political conduct. On the unexpected death of Alexander, the active mind of Edward must very promptly have perceived a great opportunity of annexing Scotland, as he had just annexed Wales. But strong-handed and imperious as he was, he was also governed by ideas of legal procedure, and still more by policy. Warrior as he was, he would still prefer to attain his ends by politic address. He could not in decency raise his mailed hand against the infant granddaughter of his own sister, or arbitrarily |