Page:Robert the Bruce and the struggle for Scottish independence - 1909.djvu/94

64 a Parliament to meet at Berwick on October 15, 1292. Three questions were submitted for its decision on behalf of the King of England, to all of which Parliament returned unanimous answers. The tenour of these answers threw upon the King the responsibility of decision in the matter under dispute, according to the laws and usages of his kingdoms. If no such laws and usages existed, or if they differed in England and Scotland, then he should create new ones, with the advice of Parliament. The succession to the Crown should be regulated in the same way as succession to earldoms, baronies, and other indivisible inheritances.

Next, on November 6th, the two claimants-in-chief were heard at great length and in great detail; after which, all the other competitors, except de Hastings, having finally withdrawn their claims, King Edward proceeded to deliver judgment on November 17th.

It is beyond all question that, according to the law of primogeniture, as it has since been interpreted and as it would take effect at the present day, this was an equitable decision. This law, however, was not firmly established at that time, and the Scottish