Effigy of Eleanor of Castile, queen of Edward I., in Westminster Abbey.
9. The Award of Norham. 1291—1292.—Edward, sorrowing as he was, was unable to neglect the affairs of State. On the death of the Maid of Norway there was a large number of claimants to the Scottish crown. The hereditary principle, which had long before been adopted in regard to the succession to landed property, was gradually being adopted in most kingdoms in regard to the succession to the crown. There were still, however, differences of opinion as to the manner in which hereditary succession ought to be reckoned, and there were now many claimants, of whom at least three could make out a plausible case. David, Earl of Huntingdon, a brother of William the Lion, had left three daughters. The grandson of the eldest daughter was John Balliol; the son of the second was Robert Bruce; the grandson of the third was John Hastings. Balliol maintained that he ought to succeed as being descended from the eldest: Bruce urged that the son of a younger daughter was nearer to the common ancestor, David, than the grandson of the elder: whilst Hastings asked that Scotland should be divided into three parts—according to a custom which prevailed in feudal estates in which the holder left only daughters—amongst the representatives of David's three daughters.[15] Every one of these three claimants was an English baron, and Bruce held large estates in both countries. The only escape from a desolating civil war seemed to be to appeal to Edward's arbitration, and in 1291 Edward summoned the Scots to meet him at Norham. He then demanded as the price of his arbitration the acknowledgment of his position as lord paramount of Scotland, in virtue of which the Scottish king, when he had once been chosen, was to do homage to himself as king of England. Edward, who might fairly have held that, in spite of the abandonment of the treaty of Falaise by Richard, he had a right to the old vague over-lordship of earlier kings, appears to have thought it right to take the opportunity of Scotland's weakness to renew the stricter relationship of homage which had been given up by Richard. At all events, the Scottish nobles and clergy accepted his demand, though the commonalty made some objection, the nature of which has not been recorded. Edward then investigated carefully the points at issue, and in 1292 decided in favour of Balliol. If he had been actuated by selfish motives he would certainly have adopted the suggestion of Hastings that Scotland ought to be divided into three kingdoms.
Cross erected near Northampton by Edward I. in memory of Queen Eleanor built between 1291 and 1294.
10. Disputes with Scotland and France. 1293—1295.—The new king of Scotland did homage to Edward for his whole kingdom. If Edward could have contented himself with enforcing the ordinary obligations of feudal superiority all might have gone well. Unfortunately for all parties, he attempted to stretch them by insisting in 1293 that appeals from the courts of the king of Scotland should lie to the courts of the king of England. Suitors found that their rights could not be ascertained till they had undertaken a long and costly journey to Westminster. A national feeling of resistance was roused amongst the Scots, and though Edward pressed his claims courteously, he continued to press them. A temper grew up in Scotland which might be dangerous to him if Scotland could find an ally, and an ally was not long in presenting himself. Philip IV. now king of France, was as wily and unscrupulous as Philip II. had been in the days of John. Edward was his vassal in Guienne and Gascony, and Philip knew how to turn the feudal relationship to account in France as well as Edward knew how to turn it to account in Scotland. The Cinque Ports[16] along the south-eastern shore of England swarmed with hardy and practised mariners, and there had often been sea-fights between French and English sailors quite independently of the two kings. In 1293 there was a great battle in which the French were worsted. Though Edward was ready to punish the offenders, Philip summoned him to appear as a vassal before his lord's court at Paris. In 1294, however, an agreement was made between the two kings. Edward was for mere form's sake to surrender his French fortresses to Philip in token of submission, and Philip was then to return them. Philip, having thus got the fortresses into his hands, refused to return them. In 1295 a league was made between France and Scotland, which lasted for more than three hundred years. Its permanence was owing to the fact that it was a league between nations more than a league between kings.
11. The Model Parliament. 1295.—Edward, attacked on two sides, threw himself for support on the English nation. Towards the end of 1295 he summoned a Parliament which was in most respects the model for all succeeding Parliaments. It was attended not only by bishops, abbots, earls, and barons, by two knights from every shire, and two burgesses from every borough, but also by representatives of the chapters of cathedrals and of the parochial clergy. It cannot be said with any approach to certainty, whether the Parliament thus collected met in one House or not. As, however, the barons and knights offered an eleventh of the value of their movable goods, the clergy a tenth, and the burgesses a seventh, it is not unlikely that there was a separation into what in modern times would be called three Houses, at least for purposes of taxation. At all events, the representatives of the clergy subsequently refused to sit in Parliament, preferring to vote money to the Crown in their own convocations.