Series 3 > Miscellany of the Scottish History Society (Sixth volume)

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who have gone before are in accidentals, not in essentials.
We are thus on firm ground when we interpret past events,
and infer contemporary or subsequent effects, by imagining
ourselves as the actors in them.’
The parchment of 1327 was known to history as the Treaty
of Northampton. Among its stipulations was one which con¬
cerned the restoration to Scotland of her national records.
But whatever international lawyers might dream, a treaty
depended for its enforcement on the strong arm of the party
who had something to gain from its fulfilment, or on the off-
chance that subsequent events might make it worth the
while of the party who was placed under obligation by it, to
adhere to its terms. Taking the period of the struggle with
England to cover the 85 years from 1286 to 1371 the Treaty
of Northampton stood at the very middle of the most epic
period of Scottish history.
By the Treaty two classes of documents were to be restored
—first, those ^ touching the subjection of the land and people
of Scotland,’ which had been declared cancelled ; and second,
all others ‘ touching the freedom of Scotland 1 which were in
the possession of the King of England. All documents falling
within each of these classes were included in the obligation
of delivery. What of the many documents, then and still
preserved among the Records of England, by which English
kings had sought to assert the vassalage of Scotland under
their paramount superiority ? The legal experts—churchmen
no doubt—who drew up the Treaty, knew well that when the
conferment of a right or the granting of an obligation was being
cancelled and discharged, the transaction should be completed
by delivery of the document constituting the right or contain¬
ing the obligation. It was no doubt for that reason that the
Treaty required delivery of the first class of documents ; they
remained, nevertheless, undelivered to this day. Naturally,