SQA National 5 History

Scotland in the later 13th century was a settled and fairly prosperous kingdom, and its kings had ruled with little interference from England for generations. That changed in March 1286, when Alexander III was killed in a fall from his horse in the dark near Kinghorn in Fife, riding to join his new wife. His sons and his daughter were already dead, so the heir was his infant granddaughter Margaret, known as the Maid of Norway, who was about three and lived in Norway with her father, King Eric II.

Why this was a problem

A child queen who was abroad, and who would need to marry in time, left Scotland without a ruling monarch and open to rival claims. A group of Guardians, drawn from the leading nobles and churchmen, was appointed to govern in her name. The Guardians kept order, but the great families had old rivalries and the possibility of civil war was never far away, especially as the Bruce and Balliol families both had a claim to the throne if Margaret died without heirs.

The Treaty of Birgham

Edward I of England saw a chance to bring Scotland into a close relationship with his own kingdom. In 1290 the Scots and Edward agreed the Treaty of Birgham, under which Margaret would marry Edward's son, the future Edward II. The Scots made sure the treaty promised that Scotland would remain a separate kingdom with its own laws, customs and liberties, so the marriage would unite the two crowns in one family but not the two realms. Edward agreed to this in writing, though he added a phrase protecting rights he might have in future, which the Scots noticed.

The plan collapsed in autumn 1290, when Margaret fell ill on the voyage to Scotland and died in Orkney. With no direct heir and no agreed successor, Scotland faced a crisis.

The Scottish appeal to Edward I

Several nobles claimed the throne, and rival groups gathered armed followers, so some feared war. William Fraser, Bishop of St Andrews, wrote to Edward asking him to help. The Guardians and nobles agreed to ask Edward to judge between the claimants, as a respected neighbour with experience of law, not as an overlord. Edward had other ideas.

In May 1291 Edward met the Scots at Norham, on the English side of the Tweed. Before he would hear the case he required everyone to accept him as overlord of Scotland, meaning the feudal superior whose court would decide who should hold the kingdom. He claimed that earlier kings of England had been overlords, and he wanted the claimants' agreement before he heard anything. The Scottish leaders were put under pressure and asked for time. In the end they and every claimant accepted, with the exception that no one could speak for Scotland as a whole. Edward then took control of the royal castles, and the Guardians were reappointed under his authority.

Bruce versus Balliol

Thirteen men put in claims. In practice, two had the strongest cases, both descended from David, Earl of Huntingdon, a younger brother of William the Lion.

• John Balliol was the grandson of David's eldest daughter. His claim rested on seniority of line: the eldest daughter's heirs should come before those of a younger daughter.
• Robert Bruce, Lord of Annandale, was the son of David's second daughter. He was a generation closer to David himself, so he argued that nearness of kin mattered more.

Edward appointed a court of Scottish and English auditors to hear the arguments, which became known as the Great Cause. It sat for over a year, in sessions in 1291 and 1292. The auditors had to decide whether a kingdom should be treated like an ordinary feudal estate. Seniority of line was the rule for inheriting land, and it favoured Balliol.

Edward's choice

In November 1292 the court found for John Balliol, and Edward confirmed the decision. Balliol was crowned at Scone on St Andrew's Day, 30 November 1292, and swore homage to Edward. The decision was lawful and well argued, and it was not obviously biased. It did leave the new king as a man who had been placed on the throne by an English king who claimed to be his lord. Edward had gained recognition as overlord by using the vacancy, which was the effect that mattered for the years that followed.