Edward then undertook the examination of the suit. He delegated the hearing of the claims to a commission, of whom the great majority, eighty, were Scotsmen, nominated in equal numbers by Bruce and Balliol, the two senior competitors, while the remaining twenty-four consisted of Englishmen, and included many of Edward's wisest counsellors. In deference to Scottish feeling, Edward ordered the court to meet on Scottish territory, at Berwick, and appointed August 2 for the opening day. Meanwhile the full consequences of the Scottish submission were carried out. On Edward's taking seisin of Scotland, the regency came to an end. The nomination of the provisional government resting with Edward, he reappointed the former regents, and allowed the Scots barons to elect their chancellor. But with the regents Edward associated a northern baron, Brian Fitzalan of Bedale, and the Scottish bishop, who was appointed chancellor, had to act jointly with one of Edward's clerks. Edward then made a short progress, reaching as far as Stirling and St. Andrews. He was back at Berwick for the meeting of the commissioners on August 2.
The first session of the court was a brief one. The twelve competitors put in their claims, and Bruce and Balliol supported theirs by argument. However, on August 12, the trial was adjourned for nearly a year, until June 2, 1292. On its resumption in Edward's presence, the more difficult issues were carefully worked out. A new and fantastic claim, sent in by Eric of Norway, as the nearest of kin to his daughter, did not delay matters. The judges were instructed to settle in the first instance the relative claims of Bruce and Balliol, and also to decide by what law these should be determined. On October 14, they declared their first judgment. They rejected Bruce's plea that the decision should follow the "natural law by which kings rule," and accepted Balliol's contention that they should follow the laws of England and Scotland. They further laid down that the law of succession to the throne was that of other earldoms and dignities. They pronounced in favour of primogeniture as against proximity of blood.
These decisions practically settled the case, but a further adjournment was resolved upon, and upon the reassembling of the court on November 6 the only question still open, that of whether the kingdom could be divided, was taken up. John of Hastings came on the scene with the contention that the monarchy should be divided among the representatives of Earl David's daughters. Bruce had the effrontery to associate himself with Hastings' demand. A short adjournment was arranged to settle this issue, and on November 17 the final scene took place in the hall of Berwick castle. Besides the commissioners, the king was there in full parliament, and eleven claimants, who still persevered, were present or represented by proxy. Nine of these were severally told that they would obtain nothing by their petitions. Bruce was informed that his claim to the whole was incompatible with his present claim for a third. It was laid down that the kingdom of Scotland was indivisible, and that the right of Balliol had been established.
The seal of the regency was broken: Edward handed over the seisin of Scotland to John Balliol, who three days later took the oath of fealty as King of Scots, promising that he would perform all the service due to Edward from his kingdom, Balliol hurried to his kingdom, and was crowned at Scone on St. Andrew's day. He then returned to England, and kept Christmas with his overlord at Newcastle, where, on December 26, he did homage to Edward in the castle hall. But within a few days a difficulty arose. John resented Edward's retaining the jurisdiction over a law-suit in which a Berwick merchant, a Scotsman, was a party. He was reassured by Edward that he only did so, because the case had arisen during the vacancy, when Edward was admittedly ruling Scotland. But Edward significantly added a reservation of his right of hearing appeals, even in England; and when the King of Scots went back to his realm, early in January, he must have already foreseen that there was trouble to come.
Edward never lost sight of his own interests, and it is clear that he took full advantage of the needs of the Scots to establish a close supremacy over the northern kingdom. Making allowance for this sinister element, his general policy in dealing with the great suit had been singularly prudent and correct. He was anxious to ascertain the right heir; he gave the Scots a preponderating voice in the tribunal; he rejected the temptation which Bruce and Hastings dangled before him of splitting up the realm into three parts, and he restored the land and its castles as soon as the suit was settled. There is nothing to show that up to this point his action had produced any resentment in Scotland, and little evidence that there was any strong national feeling involved. Scottish chroniclers, who wrote after the war of independence, have given a colour to Edward's policy which contemporary evidence does not justify. From the point of his generation, his action was just and legal. He had, in fact, performed a signal service to Scotland in vindicating its unity; and by maintaining the rigid doctrines of Anglo-Norman jurisprudence, he rescued it from the vague philosophy which Bruce called natural law, and the recrudescence of Celtic custom that gave even bastards a hope of the succession. The real temptation came when, after his triumph, Edward sought to extract from the submission of the Scots consequences which had no warranty in custom, and made Scottish resistance inevitable.
The expulsion of the Jews, the reform of the administration, the statute Quia emptores, the treaty of Tarascon, the humiliation of Gloucester, and the successful issue of the Scottish arbitration, mark the culminating point in the reign of Edward I. The king had ruled twenty years with almost uniform success, and his only serious disappointment had been the failure of the crusade. The last hope of the Latin East faded when, in 1291, Acre, so long the bulwark of the crusaders against the Turks, opened its gates to the infidel. With the fall of Acre went the last chance of the holy war. Before long the peace of Europe, which Edward thought that he had established, was once more rudely disturbed. Difficulties soon arose with Scotland, with France, with the Church, and with the barons. These troubles bore the more severely on the king because this period saw also the removal of nearly all of those in whom he had placed special trust. The gracious Eleanor of Castile died in 1290, at Harby, in Nottinghamshire, near Lincoln,[1] and the devotion of the king to the partner of his youth found a striking expression in the sculptured crosses, which marked the successive resting-places of her corpse on its last journey from Harby to Westminster Abbey. A few months later Edward's mother, Eleanor of Castile, ended her long life in the convent of Amesbury, in Wiltshire. The ministers of Edward's early reign were also removed by death. Bishop Kirkby, the treasurer, died in 1290, and Burnell, the chancellor, in 1292, soon after he had performed his last public act in the declaration of the king's judgment as to the Scottish succession. Archbishop Peckham died in the same year. New domestic ties were formed, and fresh ministers were found, but the ageing king became more and more lonely, as he was compelled to rely upon a younger and a less faithful generation. Of his old comrades the chief remaining was Henry Lacy, Earl of Lincoln, while the removal of Burnell brought forward to the first rank prelates whose position had hitherto been somewhat obscured by his predominance. Prominent among these were the brothers Thomas Bek, Bishop of St. David's, and Anthony Bek, Bishop of Durham, members of a conspicuous Lincolnshire baronial family. Both of these for a time strikingly combined devotion to the royal service with loyalty to those clerical and aristocratic traditions which, strictly interpreted, were almost incompatible with faithful service to a secular monarch. Even more important henceforth was the king's treasurer, Walter Langton, Bishop of Lichfield, the most trusted minister of Edward's later life, a faithful but not too scrupulous prelate of the ministerial type, who stood to the second half of the reign in almost the same close relation as that in which Burnell stood to the years which we have now traversed.
[1] See for this W.H. Stevenson, Death of Eleanor of Castile, in English Hist. Review, iii. (1888), pp. 315-318.