원문정보
초록
영어
Between May 1291 and November 1292 King Edward I spent a very great deal of time on the northern frontier of his realm, engaged upon the problem of the succession to the throne of the kingdom of Scotland. Since the eighteenth century, this famous affair has been known as ‘Great Cause’. The law of succession in the thirteenth century was by no means firmly settled in all its principle. Edward I had acted as overlord of Scotland, instead of insisting that he be recognized as an arbitrator between the thirteenth claimants. Robert Bruce's claim for a part of Scotland was declared incompatible with his former claim for the impartible whole. Therefore he shall gain nothing. Now at last the throne of Scotland was awarded to John Balliol. Stress is laid on the impartible of Scotland on primogeniture. On 17 November 1292 the final judgement was given. Arrangements were announced for Balliol to swear fealty and do homage to Edward. He was enthroned at Scone on 30 November 1292. In here, Edward said that, if need be, he will summon the King of Scots to England to answer for complaints. On the death of Malcolm, Earl of Fife, his heir was an infant. The earl's brother, Macduff, claimed a portion of the estate. When his claim was dismissed by the Bishop of St Andrews, he appealed to King Edward during the Interregnum. Edward ordered that Macduff's claim be tried by the Guardians, who decided in his favour. Edward and his legal advisers drew up a code of regulations, based on English common law, aimed at controlling and penalising John's disobedience. King John have to appeared to answer in the case of Macduff's matters. John refused to answer according to Treaty of Birgham, which had agreed that all Scottish lawsuits would be determined in Scotland. On 23 April 1296, the main English army set out along the coast road from Berwick into Dunbar in Scotland. Edward I's army warred down King John. Because of overlordship given to Edward I by claimants, King John and his son Edward were taken by sea to England.
목차
Ⅱ. 대소송의 진행
1. 유력한 왕위계승권자의 가계도
2. 노햄(Norham) 회의
Ⅲ. 대소송의 결과: 누가 적법한 왕위계승권을소유하였는가?
Ⅳ. 대소송의 의미
Ⅴ. 결론
