Document 4/42/7 (A-S Relations, no. 19)
- Description
- On 17 November 1292, at Berwick-on-Tweed, in the hall of the castle before the king of England, lord superior of Scotland, in the presence of John, archbishop of Dublin, John, bishop of Winchester, Antony, bishop of Durham, William, bishop of Ely, John, bishop of Carlisle, William, bishop of St Andrews, Robert, bishop of Glasgow, Matthew, bishop of Dunkeld, Robert, bishop of Ross, and Mark, bishop of Sodor, and of Henry de Lacy, earl of Lincoln, Humphrey, earl of Hereford, John, earl of Buchan, Gilbert, earl of Angus, Malise, earl of Strathearn, and in the presence of eighty elected persons of Scotland, because that day had been assigned to Erik, king of Norway, Florence, count of Holland, John Balliol, and all others who were claiming the realm, for them to hear judgment upon their petitions, all the claimants were called and publicly summoned, and the king, by the mouth of his justice, Roger Brabazon, caused his judgment to be promulgated in this manner: King Erik of Norway, Florence, count of Holland, John Balliol, Robert Bruce, John Hastings, Patrick, earl of March, William de Ros, William de Vescy, John Comyn, Robert de Pinkeny, Nicholas de Soules, Patrick Golightly and Roger de Mandeville, have placed before the eighty persons chosen from Scotland and the twenty-four nominated by the king of England, the lord superior of the realm of Scotland, their petitions for the realm of Scotland, and the arguments on which they based their claim. Of these claimants, Robert de Pinkeny, Patrick, earl of March, Nicholas de Soules, Patrick Golightly, William de Ros, William de Vescy and Florence, count of Holland, have withdrawn their petitions. Since King Erik of Norway, John Comyn and Roger de Mandeville have not pursued their petitions, the king says that they shall gain nothing of what they ask. The addressees know how when Robert Bruce claimed the realm as impartible, by reason of proximity in relationship, and John Balliol likewise claimed the kingdom as impartible, because he was descended from Margaret, the eldest daughter of Earl David, it was declared to Robert Bruce that there was no justification for his petition; John Hastings claimed, as a descendant of the third daughter, Ada, of Earl David, a third of the whole inheritance which descended to Margaret, daughter of the king of Norway, by the death of Alexander, last king of Scotland, that is by asking for a third of the acquisitions and escheats which accrued to the Scottish kings. Robert Bruce, as a descendant of the second daughter of Earl David, claimed his share of the realm of Scotland. Therefore, the king declared that the kingdom of Scotland is not partible and that the acquisitions of the kings of Scotland are not partible; but the lands and tenements outside the realm of Scotland should be dealt with according to the laws and customs of the realms of where they are. The king declares that John Hastings and Robert Bruce shall receive nothing of the shares which they demand; but to John Balliol, as nearest heir of Margaret, daughter of the king of Norway, lady of Scotland, and grand-daughter of the late Alexander, king of Scotland – by right of succession to the realm of Scotland as determined before the king – the king renders the realm and the sasine thereof, with appurtenance and what has come into the hands of the king as lord superior since the death of Margaret, saving the right [in Scotland] or the king and his heirs, when they wish to raise the point. The king appoints 20 November for swearing fealty to him, and Christmas day for doing homage to him for the realm of Scotland.
- Firm date
- Monday 17 November 1292
- Dating Notes
- Monday after Martinmas, 20th year of King Edward
- Place date (modern)
- Berwick-upon-Tweed, in the hall of the castle
- Place date (document)
- Berewik super Twedam in aula castri ejusdem
- Related Place
- Berwick
- Source for Data Entry
- Anglo-Scottish Relations, no. 19
- Trad. ID
- A-S Relations, no. 19
- Calendar number
- 4/42/7
- Charter type
- Notification
- Language
- Latin