dward, 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 Ballio
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