had already appealed to him before Margaret's death; and her death was followed by the consent both of the claimants and the Council of Regency to refer the question of the succession to his decision in a Parliament at Norham. But the overlordship which the Scots acknowledged was something far less direct and definite than the superiority which Edward claimed at the opening of this conference in May 1291. His claim was supported by excerpts from monastic chronicles and by the slow advance of an English army; while the Scotch lords, taken by surprise, found little help in the delay which was granted them. At the opening of June therefore in common with nine of the claimants they formally admitted Edward's direct suzerainty. To the nobles in fact the concession must have seemed a small one, for like the principal claimants they were for the most part Norman in blood, with estates in both countries, and looking for honours and pensions from the English Court. From the Commons who were gathered with the nobles at Norham no such admission of Edward's claims could be extorted; but in Scotland, feudalized as it had been by David, the Commons were as yet of little weight and their opposition was quietly passed by. All the rights of a feudal suzerain were at once assumed by the English king; he entered into the possession of the country as into that of a disputed fief to be held by its overlord till the dispute was settled, his peace was sworn throughout the land, its castles delivered into his charge, while its bishops and nobles swore homage to him directly as their lord superior. Scotland was thus reduced to the subjection which she had experienced under Henry the Second; but the full discussion which followed over the various claims to the throne showed that while exacting to the full what he believed to be his right Edward desired to do justice to the country itself. The body of commissioners which the king named to report on the claims to the throne were mainly Scotch. A proposal for the partition of the realm among the claimants was rejected as contrary to Scotch law. On the report of the commissioners after a twelvemonth's investigation in favour of Balliol as representative of the elder branch at the close of the year 1292, his homage was accepted for the whole kingdom of Scotland with a full acknowledgement of the services due from him to its overlord. The castles were at once delivered to the new monarch, and for a time there was peace.
Edward and Scotland
With the accession of Balliol and the rendering of his homage for the Scottish realm the greatness of Edward reached its height. He was lord of Britain as no English king had been before. The last traces of Welsh independence were trodden under foot. The shadowy claims of supremacy over Scotland were changed into a direct overlordship. Across the one sea Edward was lord of Guienne, across the other of Ireland, and in England itself a wise and generous policy had knit the whole nation round his throne. Firmly as he still clung to prerogatives which the baronage were as firm not to own, the main struggle for the Charter was over. Justice and good government were secured. The personal despotism which John had striven to build up, the imperial autocracy which had haunted the imagination of Henry the Third, were alike set aside. The rule of Edward, vigorous and effective as it was, was a rule of law, and of law enacted not by the royal will, but by the common council of the realm. Never had English ruler reached a greater height of power, nor was there any sign to warn the king of the troubles which awaited him. France, jealous as it was of his greatness and covetous of his Gascon possessions, he could hold at bay. Wales was growing tranquil. Scotland gave few signs of discontent or restlessness in the first year that followed the homage of its king. Under John Balliol it had simply fallen back into the position of dependence which it held under William the Lion; and Edward had no purpose of pushing further his rights as suzerain than Henry the Second had done. One claim of the English Crown indeed was soon a subject of dispute between the lawyers of the Scotch and of the English Council boards. Edward would have granted as freely as Balliol himself that though Scotland was a dependent kingdom it was far from being an ordinary fief of the English Crown. By feudal custom a distinction had always been held to exist between the relations of a dependent king to a superior lord and those of a vassal noble to his sovereign. At Balliol's homage indeed Edward had disclaimed any right to the ordinary feudal incidents of a fief, those of wardship or marriage, and in this disclaimer he was only repeating the reservations of the marriage treaty of Brigham. There were other customs of the Scotch realm as incontestable as these. Even after the treaty of Falaise the Scotch king had not been held bound to attend the council of the English baronage, to do service in English warfare, or to contribute on the part of his Scotch realm to English aids. If no express acknowledgement of these rights had been made by Edward, for some time after his acceptance of Balliol's homage they were practically observed. The claim of independent justice was more doubtful, as it was of higher import than these. The judicial independence of Scotland had been expressly reserved in the marriage treaty. It was certain that no appeal from a Scotch King's Court to that of his overlord had been allowed since the days of William the Lion. But in the jurisprudence of the feudal lawyers the right of ultimate appeal was the test of sovereignty, and Edward regarded Balliol's homage as having placed him precisely in the position of William the Lion and subjected his decisions to those of his overlord. He was resolute therefore to assert the supremacy of his court and to receive Scotch appeals.
The French Attack
Even here however the quarrel seemed likely to end only in legal bickering. Balliol at first gave way, and it was not till 1293 that he alleged himself forced by the resentment both of his Baronage and his people to take up an attitude of resistance. While appearing therefore formally at Westminster he refused to answer an appeal before the English courts save by advice of his Council. But real as the resentment of his barons may have been, it was not Scotland which really spurred Balliol to this defiance. His wounded pride had made him the tool of a power beyond the sea. The keenness with which France had watched every step of Edward's success in the north sprang not merely from a natural jealousy of his greatness but from its bearing on a great object of French ambition. One fragment of Eleanor's inheritance still remained to her descendants, Guienne and Gascony, the fair lands along the Garonne and the territory which stretched south of that river to the Pyrenees. It was this territory that now tempted the greed of Philip the Fair, and it was in feeding the strife between England and the Scotch king that Philip saw an opening for winning it. French envoys therefore brought promises of aid to the Scotch Court; and no sooner had these intrigues moved Balliol to resent the claims of his overlord than Philip found a pretext for open quarrel with Edward in the frays which went constantly on in the Channel between the mariners of Normandy and those of the Cinque Ports. They culminated at this moment in a great sea-fight which proved fatal to eight thousand Frenchmen, and for this Philip haughtily demanded redress. Edward saw at once the danger of his position. He did his best to allay the storm by promise of satisfaction to France, and by addressing threats of punishment to the English seamen. But Philip still clung to his wrong, while the national passion which was to prove for a hundred years to come strong enough to hold down the royal policy of peace showed itself in a characteristic defiance with which the seamen of the Cinque Ports met Edward's menaces. "Be the King's Council well advised," ran this remonstrance, "that if wrong or grievance be done them in any fashion against right, they will sooner forsake wives, children, and all that they have, and go seek through the seas where they shall think to make their profit." In spite therefore of Edward's efforts the contest continued, and Philip found in it an opportunity to cite the king before his court at Paris for wrongs done to him as suzerain. It was hard for Edward to dispute the summons without weakening the position which his own sovereign courts had taken up towards the Scotch king, and in a final effort to avert the conflict the king submitted to a legal decision of the question, and to a formal cession of Guienne into Philip's hands for forty days in acknowledgement of his supremacy. Bitter as the sacrifice must have been it failed to win peace. The forty days had no sooner passed than Philip refused to restore the fortresses which had been left in pledge. In February 1294 he declared the English king contumacious, and in May declared his fiefs forfeited to the French Crown. Edward was driven to take up arms, but a revolt in Wales deferred the expedition to the following year. No sooner however was it again taken in hand than it became clear that a double danger had to be met. The summons which Edward addressed to the Scotch barons to follow him in arms to Guienne was disregarded. It was in truth, as we have seen, a breach of customary law, and was probably meant to force Scotland into an open declaration of its connexion with France. A second summons was followed by a more formal refusal. The greatness of the danger threw Edward on England itself. For a war in Guienne and the north he needed supplies; but he needed yet more the firm support of his people