The Treaty of Northampton (1290): a Scottish Charter of Liberties?

Although little detailed consideration has been given to the Treaty of Northampton of 1290 by Scottish historians, it seems to have been implicitly accepted as the sort of treaty which might have been expected in connection with the marriage of two independent rulers at that time. This is in spite of the fact that throughout the twelfth, thirteenth and fourteenth centuries the traditional practice of the rulers of the Angevin and Plantagenet dominions was to rule each constituent part according to its own law and customs. This article examines the reasons why the Scots were not prepared to rely on tradition but insisted on a written promise from Edward I that Scotland would remain independent of England. It also suggests that the treaty is more than a written expression of traditional practice. It has a number of specific clauses which, it is argued, give the treaty the character of a charter of liberties. These were intended to prevent the imposition on the Scots of particular aspects of Plantagenet rule in England which burdened its subjects much more severely than the rule of Scottish kings had burdened the Scots. The Scots' wish to remain independent after the proposed union of the crowns and their struggle to maintain that independence after the death of the Maid are generally seen as manifestations of a sense of community or regnal solidarity. The terms of the Treaty of 1290 suggest that it was not just from a desire to be a separate political entity per se that the Scots fought during the so-called Wars of Independence but also because the Scots were anxious to avoid the more oppressive aspects of Plantagenet rule even before they had experience of this after Edward I's conquest of 1296.