are sufficiently indicated in the footnotes.

G. W. T. O.

Contents

The Early History
of the
Scottish Union Question

CHAPTER I

INTERNATIONAL POLITICS BEFORE THE UNION OF THE CROWNS

The races which inhabited the northern parts of England and the southern parts of Scotland were descended from a common stock, and spoke a common language. But for centuries the problem of uniting them baffled the best-laid plans of kings and statesmen; and neither force, nor policy, nor treaties of marriage between the royal families, seemed capable of destroying the inveterate rancour which the peoples felt towards each other. The petition in response to which the papal sanction was given to the intended marriage of Prince Edward to the Maid of Norway, pointed out the wisdom of removing, or at least mitigating, the enmity of the two nations; and it was the avowed policy of Edward the First to combine the marriage of his son to the young Queen of Scotland with a peaceful union of the kingdoms. The clergy, the nobles, and the people of Scotland agreed to the proposed alliance, and were willing that their queen should be educated at the English Court. The marriage-contract was prepared; and the prospects of a lasting peace were bright, when the death of the young princess on her journey from Norway suddenly changed the whole course of events.

The competition for the Scottish Crown; the arbitration of Edward; his claim to the title of Lord Superior; the invasion of Scotland; the occupation of Scottish strongholds, and of large portions of Scottish territory, by English garrisons; the homage paid to the English king by the competitors for the Crown; the spectacle of Englishmen filling many great offices of State;—all tended to exasperate the Scottish nation. But Edward never seems to have doubted that he would succeed no matter at what a cost of blood and treasure in joining the kingdoms. Indeed, it appears that from the summer of 1291, when the competitors for the Crown granted him possession of Scotland until his decision should be made known, he regarded the two countries as practically one. Scotland is described, in public documents, as “notre ditte terre d’Escose”; and it was expressly declared that, as England and Scotland were now united, the king’s writ should run in both realms alike.[1]

During the inglorious reign of Baliol, and throughout the period of anarchy and turmoil which followed its termination, Edward never lost sight of his favourite policy of an union, which, though brought about by conquest, and imposed by force of arms upon the people of Scotland, would, nevertheless, in course of time, secure for him and his successors the sovereignty of an undivided kingdom from the English Channel to the Pentland Firth. In pursuance of his policy he resolved to hold a Parliament in which Scotland should be represented, and by which regulations should be framed for the future government of that country. To this Parliament, which met at Westminster in September 1305, ten representatives of Scotland were summoned.[2] All of them attended except Patrick Earl of March; but his place was filled, at the king’s command, by Sir John Monteith, the betrayer of Wallace, whose execution had taken place less than a month before.

With the Scotsmen twenty-two English members were conjoined; and to the Council thus formed there was administered one of the elaborate oaths which were then supposed to be peculiarly solemn and binding. They were sworn on our Lord’s Body, the Holy Relics, and the Holy Evangels, to give good and lawful advice for maintaining the peace of the king’s dominions, especially in Scotland, and loyally to reveal any hindrances they knew to good government in Scotland, and how these might be overcome.

It is difficult to believe that the commissioners from Scotland were free agents in this Parliament. But it suited the purposes of Edward that the ordinance which was now to be framed for the future government of Scotland should be promulgated as the result of deliberations in which the people of Scotland had a voice. It was for this reason that the Scotsmen had been summoned to Westminster; but the ordinance left all real power in the hands of Edward. Sir John de Bretaigne, the king’s nephew, became Warden of Scotland, with a Chancellor and Controller under him.[3] Eight justiciars were appointed. Six of them were to administer law in the lowlands; and the dangerous duty of executing justice “beyond the mountains” was entrusted to Sir Reynaud le Chien and Sir John de Vaux of Northumberland. Sheriffs were appointed, most of whom were Scotsmen; but the castles were left in the hands of English commanders. The laws of King David of Scotland were to be read at public meetings in various places, and such of these laws as appeared unjust were to be amended.[4]

About this time Edward writes to the Sheriff of York, giving