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.
[Sidenote: The French Attack]