and on the 18th of July, 1290,
the treaty was concluded. It contained, besides the provisions of the
marriage, clauses for the personal freedom of Margaret should she
survive her husband; for the reversion of the crown failing her issue;
for protection of the rights, laws, and liberties of Scotland; the freedom
of the church; the privileges of crown vassals; the independence of the
courts; the preservation of all charters and natural muniments; and the
holding of parliaments only within Scotland; and specially provided
that no vassal should be compelled to go forth of Scotland for the
purpose of performing homage or fealty; and that no native of Scotland
should for any cause whatever be compelled to answer, for any breach
of covenant or from crime committed, out of the kingdom.
"Thus you see, my boy, that King Edward at this time fully recognized
the perfect independence of Scotland, and raised no claim to any
suzerainty over it. Indeed, by Article I it was stipulated that the rights,
laws, liberties, and customs of Scotland should remain for ever entire
and inviolable throughout the whole realm and its marches; and by
Article V that the Kingdom of Scotland shall remain separate and
divided from England, free in itself, and without subjection, according
to its right boundaries and marches, as heretofore.
"King Edward, however, artfully inserted a salvo, `saving the rights of
the King of England and of all others which before the date of this
treaty belong to him or any of them in the marches or elsewhere.' The
Scottish lords raised no objection to the insertion of this salvo, seeing
that it was of general purport, and that Edward possessed no rights in
Scotland, nor had any ever been asserted by his predecessors --
Scotland being a kingdom in itself equal to its neighbour -- and that
neither William the Norman nor any of his successors attempted to set
forward any claims to authority beyond the Border.
"No sooner was the treaty signed than Edward, without warrant or
excuse, appointed Anthony Beck, the warlike Bishop of Durham,
Lieutenant of Scotland, in the name of the yet unmarried pair; and
finding that this was not resented, he demanded that all the places of
strength in the kingdom should be delivered to him. This demand was
not, however, complied with, and the matter was still pending when the
Maid of Norway died. The three principal competitors -- Bruce, Baliol,
and Comyn -- and their friends, at once began to arm; but William
Fraser, Bishop of St. Andrews, a friend of Baliol, wrote to King
Edward suggesting that he should act as arbitrator, and more than
hinting that if he chose Baliol he would find him submissive in all
things to his wishes. Edward jumped at the proposal, and thereupon
issued summonses to the barons of the northern counties to meet him at
Norham on the 3d of June; and a mandate was issued to the sheriffs of
Northumberland, Cumberland, Westmoreland, York, and Lancaster, to
assemble the feudal array at the same rendezvous.
"Now, you know, my son, that, owing to the marriages between royal
families of England and Scotland, there has been a close connection
between the countries. Many Scotch barons have married English
heiresses, and hold lands in both countries, while Scottish maidens
have married English knights. Thus it happens that a great number of
the Scotch nobility are as much Englishmen as Scotchmen, and are
vassals to England for lands held there. Four of the competitors, John
Baliol, Robert Bruce, John Comyn, and William Ross, are all barons of
England as well as of Scotland, and their lands lying in the north they
were, of course, included in the invitation. In May, Edward issued an
invitation to the Bishops of St. Andrews, Glasgow, and other Scotch
nobles to come to Norham, remain there, and return, specially saying
that their presence there was not to be regarded as a custom through
which the laws of Scotland might in any future time be prejudiced.
Hither then came the whole power of the north of England, and many
of the Scotch nobles.
"When the court opened, Roger Brabazon, the king's justiciary,
delivered an address, in which he stated that Edward, as lord paramount
of Scotland, had come there to administer justice between the
competitors for the crown, and concluded with the request that all
present should acknowledge his claim as lord paramount. The Scottish
nobles present, with the exception of those who were privy to Edward's
designs, were filled with astonishment and dismay at this pretension,
and declared their ignorance of any claim of superiority of the King of
England over Scotland. The king, in a passion, exclaimed:
"'By holy Edward, whose crown I wear, I will vindicate my just rights,
or perish in the
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