With the death of Alexander III of Scotland in 1286 without a male heir, the throne of Scotland had become the possession of the three-year old Margaret, Damsel of Norway, the granddaughter of the King. In 1290 the Guardians of Scotland who had been appointed to govern the realm during the young Queen's minority drew up the Treaty of Birgham, a marriage contract between Margaret and the then five-year old Edward of Caernarvon the heir to the English throne. The treaty, amongst other points, contained the provision that although any offspring of this marriage would be heir to the crowns of both England and Scotland, the latter kingdom should be "separate, apart and free in itself without subjection to the English Kingdom". Scotland looked to be headed for civil war.

The arguments
Edward I gave judgement on the Scottish case on November 17, 1292 in favour of John Balliol with his son Edward becoming heir designate. This decision had the support of the majority of Scots nobles and magnates, even a number of those appointed by Bruce as auditors. Of special note was the support of John Comyn another competitor and head of the most powerful baronial family in Scotland who was married to Balliol's sister, Eleanor. In later years the Comyn family would remain staunch supports of the Balliol claim to the throne.