The judicial independence of Scotland had been expressly reserved in the marriage treaty.

It was certain that no appeal from a Scotch King's Court to that of his overlord had been allowed since the days of William the Lion.

But in the jurisprudence of the feudal lawyers the right of ultimate appeal was the test of sovereignty, and Edward regarded Balliol's homage as having placed him precisely in the position of William the Lion and subjected his decisions to those of his overlord.

He was resolute therefore to assert the supremacy of his court and to receive Scotch appeals.
[Sidenote: The French Attack] Even here however the quarrel seemed likely to end only in legal bickering.
Balliol at first gave way, and it was not till 1293 that he alleged himself forced by the resentment both of his Baronage and his people to take up an attitude of resistance.

While appearing therefore formally at Westminster he refused to answer an appeal before the English courts save by advice of his Council.