At Balliol's homage indeed Edward had disclaimed any right to the ordinary feudal incidents of a fief, those of wardship or marriage, and in this disclaimer he was only repeating the reservations of the marriage treaty of Brigham.

There were other customs of the Scotch realm as incontestable as these.

Even after the treaty of Falaise the Scotch king had not been held bound to attend the council of the English baronage, to do service in English warfare, or to contribute on the part of his Scotch realm to English aids.

If no express acknowledgement of these rights had been made by Edward, for some time after his acceptance of Balliol's homage they were practically observed.

The claim of independent justice was more doubtful, as it was of higher import than these.