of warre, as well at home as abroad, the king being at good leisure
determined to ride about a great part of the realme, and comming to
Yorke, [Sidenote: _W. Paruus._ The king of Scots dooth homage to the
king of England.] sent for the king of Scots to come and doo his homage.
Now the king of Scots (according to couenants before concluded) came
vnto Yorke in the moneth of August, where dooing his homage about the
twentith day of the same moneth in S. Peters church, the king granted
further by his letters patents, that he and his successours kings of
Scotland, should doo homage and fealtie to the kings of England, so
often as they should be necessarilie required therevnto. In signe and
token of which subiection, the king of Scots offered his hat and his
saddle vpon the altar of S. Peter in Yorke, which for a remembrance
hereof was kept there many yeares after that day.
The charter conteining the articles of the peace and agreement
concluded betwixt the two kings, which was read in S. Peters church
at the same time, exemplified as followeth.
[Sidenote: _R. Houed._]
Wilhelmus rex Scotiæ deuenit homo ligius domini regis Angliæ
contra omnes homines, de Scotia & de alijs terris suis, et
fidelitatem ei fecit vt ligio domino suo sicut alij homines sui
ipsi facere solent. Similiter fecit homagium Henrico filio regis
salua fide domini regis patris sui.
2 Omnes vero episc. abbates & clerus terræ Scotiæ & successores
sui facient domino regi sicut ligio domino fidelitatem, de quibus
habere voluerit, sicut alij episcopi sui ipsi facere solent, &
Henrico filio suo & Dauid & hæredibus eorum.
3 Concessit autem rex Scotiæ, & frater eius, & barones, & alij
homines sui domino regi, quòd ecclesia Scotiæ talem subiectionem
amodò faciet ecclesiæ Angliæ, qualem facere debet, & solebat
tempore regum Angliæ prædecessorum suorum.
4 Similiter Richardus episcopus Sancti Andreæ, & Richardus
episcopus Dunkelden. & Gaufridus abbas de Dunfermlin. & Herbertus
prior de Coldingham concesserunt, vt ecclesia Anglicana illud
habeat ius in ecclesia Scotiæ, quod de iure debet habere: & quod
ipsi non erunt contra ius Anglicanæ ecclesiæ. Et de hac
concessione sicut quando ligiam fidelitatem domino regi & domino
Henrico filio suo fecerint, ita eos inde assecurauerint.
5 Hoc idem facient alij episcopi & clerus Scotiæ, per
conuentionem inter dominum regem Scotiæ & Dauid fratrem suum &
barones suos factam, comites & barones & alij homines de terra
regis Scotiæ (de quibus dominus rex habere voluerit) facient ei
homagium contra omnem hominem, & fidelitatem vt ligio domino suo
sicut alij homines sui facere ei solent, & Henrico filio suo &
hæredibus suis salua fide domini regis patris sui. Similiter
hæredes regis Scotiæ & baronum & hominum suorum homagium &
ligiantiam facient hæredibus domini regis contra omnem hominem.
6 Præterea rex Scotiæ et homines sui nullū amodò fugitiuum de
terra domini regis pro felonia receptabunt, vel in alia terra sua
nisi voluerit venire ad rectum in curia domini regis & stare
iudicio curiæ. Sed rex Scotiæ & homines sui quàm citius poterunt
eum capient, & domino regi reddent, vel iusticiarijs suis aut
balliuis suis in Anglia.
7 Si autem de terra regis Scotiæ aliquis fugitiuus fuerit pro
felonia in Anglia, nisi voluerit venire ad rectu in curia domini
regis Scotiæ & stare iudicio curiæ, non receptabitur in terra
regis, sed liberabitur hominibus regis Scotiæ, per balliuos
domini regis vbi inuentus fuerit.
8 Præterea homines domini regis habebunt terras suas quas
habebant, & habere debent de domino rege, & hominibus suis, & de
rege Scotiæ & de hominibus suis. Et homines regis Scotiæ habebunt
terras suas, quas habebant, & habere debent de domino rege &
hominibus suis. Pro ista vero conuentione & fine firmiter
obseruando domino regi & Henrico filio suo & hæredibus suis Ã
rege Scotiæ & hæredibus suis, liberauit rex Scotiæ domino regi
castellum de Roxburgh, & castellum Puellarum, & castellum de
Striueling, in manu domini regis, & ad custodienda castella
assignabit rex Scotiæ de redditu suo mesurabiliter ad voluntatem
domini regis.
9 Præterea pro prædicta conuentione & fine exequendo, liberauit
rex Scotiæ domino regi Dauid fratrem suum in obsidem & comitem
Duncanum, & comitem Waldenum, similiter alios comites et barones
cum alijs viris potentibus quorum numerus 18. Et quando castella
reddita fuerint illis, rex Scotiæ & Dauid frater suus
liberabuntor. Comites quidem & barones prænominati vnusquisq;
postquam liberauerit obsidem suum, scilicet filium legitimum, qui
habuerit, & alij nepotes suos vel propinquiores sibi hæredes, &
castellis vt dictum est redditis liberabuntur.
10 Præterea rex Scotiæ & barones sui prænominati assecurauerunt,
quod ipsa bona fide, & sine malo ingenio, & sine occasione
facient vt episcopi & barones & cæteri homines terræ suæ, qui non
affuerunt quando rex Scotiæ cum domino rege finiuit: eandem
ligiantiam & fidelitatem domino regi & Henrico filio suo quam
ipsi fecerunt, & vt barones, & homines qui affuerunt obsides,
Liberabunt domino regi de quibus habere voluerit.
11 Præterea episc. comites & barones conuentionauerunt domino
regi & Henrico filio suo, quòd si rex Scotiæ aliquo casu Ã
fidelitate domini regis & filij, & à conuentione prædicta
recederet, ipsi cum domino rege tenebunt sicut cum ligio domino
suo contra regem Scotiæ, & contra omnes homines ei inimicantes.
Et episcopi sub interdicto ponent terram regis Scotiæ donec ipse
ad fidelitatem domini regis redeat.
12 Prædictam itaq; conuentionem firmiter obseruandam bona fide, &
sine malo ingenio domino regi & Henrico filio suo & hæredibus
suos à Wilhelmo rege Scotiæ & Dauid fratre suo & baronibus suis
prædictis, & hæredibus eorum assecurauit ipse rex Scotiæ, & Dauid
frater eius, & omnes barones sui prænominati sicut ligij homines
domino regis contra omnem hominem, & Henrici filij sui (salua
fidelitate patris sui) hijs testibus, Richardo episcopo
Abrincensi, et Iohanne Salisburiæ decano, & Roberto abbate
Malmesburiæ, & Radulpho abbate Mundesburg, hec non alijs
abbatibus, comitibus & baronibus, & duobus filijs suis scilicet
Richardo & Galfrido.
These things being recited in the church of S. Peters in Yorke, in the
presence of the said kings, & of Dauid the king of Scots brother, and
before an innumerable number of other people, the bishops, earles,
barons and knights of Scotland sware fealtie to the king of England and
to Henrie his sonne, and to their heires against all men, as to their
liege and souereigne lords.
King Henrie hauing ended his businesse at Yorke with the king of Scots
and others, which likewise did homage to him there, returned to London,
in the octaues of S. Michaell, [Sidenote: A parlement at Windsor.] and
he called a parlement at Windsor, whereat were present king Henrie the
sonne, Richard archbishop of Canturburie, and other bishops of England,
Laurence archbishop of Dublin with a great number of earles and barons
of this realme. [Sidenote: Ambassadors from K. Connagh.] About the same
time the archbishop of Tuamon, and the abbat of S. Brandon, with
Laurence the chancellor of Roderike king of Connagh in Ireland were come
as ambassadours from the said Roderike, vnto king Henrie, who willinglie
heard them, as he that was more desirous to grow to some accord with
those sauage people by some freendlie order, than to war with them that
had nothing to lose: so that he might in pursuing of them seeme to fish
with an hooke of gold. Therefore in this parlement the matter was
debated, and in the end a peace concluded at the request of the said
ambassadours, [Sidenote: A tribute of ox hides] the king appointing
Roderike to paie vnto him in token of subiection, a tribute of ox hides.
The charter of the agreement was written and subscribed in forme
as followeth.
[Sidenote: The tenor of the charter of the agreement.]
Haec est finis & concordia quæ facta fuit apud Windshore in
octauis sancti Michaelis an. Gratiæ 1175. inter dominum regem
Angliæ Henr. secundum, & Rodericum regem Conaciæ, per catholicum
Tuamensem archiep. & abbatem C. sancti Brandani, & magistrum L.
cancellarium regis Conaciæ.
1 Scilicet quòd rex Angliæ concedit prædicto Roderico ligio
homini suo regnum Conaciæ, quamdiu ei fideliter seruiet, vt sit
rex sub eo, paratus ad seruicium suum sicut homo suus, & vt
teneat terram suam ita bene & in pace sicut tenuit antequam
dominus rex Angliæ intraret Hiberniam, reddendo ei tributum &
totam aliam terram, & habitatores terræ habeat sub se, &
iusticiet vt tributum regi Angliæ integrè persoluant, & per manum
eius sua iura sibi conseruent. Et illi qui modò tenent, teneant
in pace quamdiu manserint in fidelitate regis Angliæ, & fideliter
& integrè persoluerint tributum & alia iura sua quæ ei debent per
manum regis Conaciæ, saluo in omnibus iure & honore domini regis
Angliæ & suo.
2 Et si qui ex eis regi Angliæ & ei rebelles fuerint, & tributum
& alia iura regis Angliæ per manum eius soluere noluerint, & Ã
fidelitate regis Angliæ recesserint, ipse eos iusticiet &
amoueat. Et si eos per se iusticiare non poterit, constabularius
regis Angliæ, & familia sua de terra ilia iuuabunt eum ad hoc
faciendum, cùm ab ipso fuerint requisiti, & ipsi viderint quòd
necesse fuerit. Et propter hunc finem reddet prædictus rex
Conaciæ domino regi Angliæ tributum singulis annis, scilicet de
singulis decem animalibus vnum corium placabile mercatoribus, tam
de tota terra sua, quàm de aliena.
3 Excepto quòd de terris illis quas dominus rex Angliæ retinuit
in dominio suo, & in dominio baronum suorum, nihil se
intromittet, scilicet Duuelina cum pertinentijs suis, & Midia cum
omnibus pertinentijs suis sicut vnquam Marchat Wamailethlachlin
earn meliùs & pleniùs tenuit, aut aliqui qui eam de eo tenuerint.
Et excepta Wesefordia, cum omnibus pertinentijs suis, scilicet
cum tota lagenia. Et excepta Waterfordia cum tota terra illa, quæ
est à Waterford vsq; ad Duncarnam, ita vt Duncarnam sit cum
omnibus pertinentijs suis infra terram illam.
4 Et si Hibernenses qui aufugerint, redire voluerint ad terram
baronum regis Angliæ, redeant in pace, reddendo tributum
prædictum quod alij reddunt, vel faciendo antiqua seruicia quæ
facere solebant pro terris suis. Et hoc sit in arbitrio dominorum
suorum. Et si aliqui eorum redire noluerint, domini eorum & rex
Conaciæ accipiat obsides ab omnibus quos ei commisit dominus rex
Angliæ ad voluntatem domini regis & suam. Et ipse dabit obsides
ad voluntatem domini regis Angliæ illos vel alios, & ipsi
seruient domino de canibus & auibus suis singulis annis de
præsentis suis. Et nullum omninò de quacunque terra regis sit,
retinebunt contra voluntatem domini regis & mandatum. Hijs
testibus, Richardo episcopo Wintoniæ, Gaufrido episcopo Eliensi,
Laurentio Duuelinensi archiepiscopo, Gaufrido, Nicholao & Rogero
capellanis regis, Guilhelmo comite de Essex, alijs multis.
Moreouer, at this parlement the king gaue an Irishman named Augustine,
the bishoprike of Waterford, which see was then void, and sent him into
Ireland with Laurence the archbishop of Dubline to be consecrated of
Donat the archbishop of Cassels. The same yeare, both England and the
countries adioining were sore vexed with a great mortalitie of people,
[Sidenote: A great derth.] and immediatlie after followed a sore dearth
and famine.
[Sidenote: An. Reg. 22. 1176.] King Henrie held his Christmas at
Windsor, and about the feast of the conuersion of saint Paule he came to
Northampton, & after the mortalitie was well ceassed, [Sidenote: A
parlement at Northampton. _Matth. Paris._] he called a Parlement,
whereat was present a deacon cardinall intituled of S. Angelo, being
sent into England as a legat from the pope, to take order in the
controuersies betwixt the two archbishops of Canturburie[10] and Yorke.
This cardinall whose name was Hugh Petro Lion, assembled in the same
place a conuocation or synod of the bishops and cleargie, as well of
England as Scotland: in which conuocation, after the ceassing of
certeine strifes and decrées made as well concerning the state of
common-wealth, as for the honest behauiour of mans life, the cardinall
consented that (according as by the kings lawes it was alreadie
ordeined) all maner of persons within the sacred orders of the cleargie,
[Sidenote: An act against préests that were hunters.] which should hunt
within the kings grounds and kill any of his deare, should be conuented
and punished before a temporall iudge. Which libertie granted to the
king, did so infringe the immunitie which the cleargie pretended to haue
within this realme, that afterwards in manie points, préests were called
before temporall iudges, and punished for their offenses as well as the
laitie, though they haue grudged indéed and mainteined that they had
wrong therein, [Sidenote: _Polydor._] as they that would be exempted and
iudged by none, except by those of their owne order.
[Sidenote: Obedience of the Church of Scotland to the Church of
England.] Moreouer, in this councell the matter came in question
touching the obedience which the church of the bishops of Scotland did
owe by right vnto the archbishop of Yorke, whom from the beginning the
popes of Rome had constituted and ordeined to be primat of all Scotland,
and of the Iles belonging to that realme, as well of the Orkeneis as all
the other. Which constitution was obserued by the bishops of those parts
manie yeares togither, though after they renounced their obedience.
Whervpon the archbishops of Yorke (for the time being) continuallie
complained, so that these popes, Paschall the second, Calyxt the second,
Honorius, Innocentius, Eugenius the third, and Adrian the fourth, had
the hearing of the matter, and with often sending their letters, went
about to reduce them to the prouince of Yorke. But the Scots still
withstanding this ordinance, at length the matter thus in controuersie
was referred to pope Alexander, who sent the foresaid cardinall Hugh as
well to make an end of that contention, as of diuerse other: but yet he
left it vndecided.
[Sidenote: _Rog. Houed._ The king of the Scots commeth to the
parlement.] William king of Scotland came personallie vnto this
parlement at Northampton, by commandement of king Henrie, and brought
with him Richard bishop of S. Andrew, and Josseline bishop of Glascow,
with other bishops and abbats of Scotland, the which being commanded by
king Henrie to shew such subiection to the church of England as they
were bound to doo by the faith which they owght to him, and by the oth
of fealtie which they had made to him, they made this answer, that they
had neuer shewed any subiection to the church of England, nor ought.
Against which deniall, the archbishop of Yorke replied, and brought
foorth sufficient priuileges granted by the forenamed popes, to prooue
the subiection of the Scotish bishops, and naimelie Glascow and Whiterne
vnto the see of Yorke. But bicause the archbishop of Canturburie meant
to bring the Scotish bishops vnder subiection to his see, he wrought so
for that time with the king, that he suffered them to depart home,
without yéelding any subiection to the church of England. The letters
which the foresaid popes did send touching this matter, were remaining
safe and sound amongst other writings in the colledge at Yorke, when
Polydor Virgil wrote the histories of England, the copies whereof in an
old ancient booke he confesseth to haue séene and read.
[Sidenote: _Rog. Houed._ Diuision of the circuits for iustices
itinerants.] But to speake further of things ordered and doone at this
parlement holden at Northampton, the king by common consent of his
Nobles and other states, diuided his realme into six parts, appointing
thrée iustices itinerants in euerie of them, as here followeth, Hugh de
Cressie, Walter Fitz Robert, and Robert Mantell, were deputed vnto
Northfolke, Suffolke, Cambridgeshire, Huntingtonshire, Bedfordshire,
Buckinghamshire, Essex and Hertfordshire: Hugh de Gundeuille, William
Fitz Rafe, and William Basset were appointed to Lincolnshire,
Notinghamshire, Derbishire, Staffordshire, Warwikeshire,
Northamptonshire, and Leicestershire: Robert Fitz Bernard, Richard
Gifford, Roger Fitz Remfrey, were assigned to Kent, Surrey, Hampshire,
Sussex, Berkshire and Oxfordshire: William Fitz Stephan, Berthram de
Verdon, Thurstan Fitz Simon were ordeined to Herefordshire,
Glocestershire, Worcestershire, and Salopshire: Rafe Fitz Stephan,
William Ruffe, and Gilbert Pipard were put in charge with Wilshire,
Dorsetshire, Summersetshire, Deuonshire & Cornwall: Robert de Wals,
Ranulf de Glanuile, and Robert Pikenet were appointed to Yorkeshire,
Richmondshire, Lancashire, Copeland, Westmerland, Northumberland, and
Cumberland.
[Sidenote: The oth of the iustices.] The king caused these iustices to
sweare vpon the holie euangelists, that they should kéepe his assises
which he first had ordeined at Clarendon, and after had renewed here at
Northampton, & also caused all his subiects within the relme of England
to kéepe and obserue the same.
[Sidenote: _Ger. Dor._] Moreouer at this councell, king Henrie restored
vnto Robert earle of Leicester all his lands, both on this side the sea,
and beyond, in maner as he held the same fiftéene daies before the
warre. To William de Albenie earle of Arundell, he gaue the earledome of
Sussex. About midlent, the king with his sonne and the legat came to
London, where at Westminster a conuocation of the cleargie was called,
but when the legat was set, and the archbishop of Canturburie on his
right hand as primat of the realme, [Sidenote: The presumptuous demeanor
of y^e archbishop of Yorke.] the archbishop of Yorke comming in, and
disdaining to sit on the left, where he might séeme to giue preheminence
vnto the archbishop of Canturburie (vnmanerlie inough indeed) swasht him
downe, meaning to thrust himselfe in betwixt the legat, and the
archbishop of Canturburie. And where belike the said archbishop of
Canturburie was loth to remooue, he set his buttocks iust in his lap,
but he scarslie touched the archbishops skirt with his bum, when the
bishops and other chapleins with their seruants stept to him, pulled him
away, and threw him to the ground, and beginning to lay on him with bats
and fists, the archbishop of Canturburie yeelding good for euill, sought
to saue him from their hands. Thus was verified in him that sage
sentence,
[Sidenote: _Pub. Mim._]
Nunquam periculum sine periculo vincitur.
The archbishop of Yorke with his rent rochet got vp, and awaie he went
to the king with a great complaint against the archbishop of
Canturburie: but when vpon examination of the matter the truth was
knowne, he was well laught at for his labour, and "that was all the
remedie he got. As he departed so bebuffeted foorth of the conuocation
house towards the king, they cried out vpon him; Go traitor that diddest
betray that holy man Thomas, go get thee hence, thy hands yet stinke of
bloud." The assemblie was by this meanes dispersed, and the legat fled
and got him out of the waie, as he might with shame enough, which is the
common panion and waiting-woman of pride, as one verie well said,
[Sidenote: _Pub. Mim._]
Citò ignominia fit superbi gloria.
[Sidenote: Appeales made.] After this, followed appealings, the
archbishop of Yorke appealed to Rome, and the legat also for his owne
safegard appealed the archbishop of Canturburie vnto Rome, which
archbishop submitting himselfe and his cause vnder the popes protection,
made a like solemne appeale from the legat to the pope. The legat
perceiuing that the matter went otherwise than he wished, and séeing
little remedie to be had at that present, gaue ouer his legatship as it
had béene of his owne accord, though greatlie against his will, and
prepared himselfe to depart. Neuerthelesse, through mediation of fréends
that tooke paines betwixt them, they gaue ouer their appeales on either
side, [Sidenote: The conuocation dissolued.] and dissembled the
displeasures which they had conceiued either against other, but yet the
conuocation was dissolued for that time, and the two archbishops
presented their complaints to the king, who kept his Easter this yeare
at Winchester, and about the same time or shortlie after, licenced his
sonne Henrie to saile ouer into Normandie, meaning shortlie after to go
vnto Compostella in Spaine, to visit the bodie of saint James the
apostle, but beeing otherwise aduised by his fathers letters, he
discontinued his purpose and staied at home.
The same yeare, the ladie Johan the kings daughter was giuen in marriage
vnto William king of Sicill. [Sidenote: _N. Triuet._] Also the same
yeare died the lord cheefe iustice of Ireland, Robert earle of Striguill
otherwise Chepstow, then was William Fitzaldelme ordeined lord cheefe
iustice in his place, [Sidenote: _R. Houed._ _N. Triuet._] who seized
into the kings hands all those fortresses which the said earle of
Striguill held within the realme of Ireland. [Sidenote: A tribut grāted
by the Irish.] The Irishmen also paied to the king a tribute of twelue
pence yearelie for euerie house, or else for euery yoke of oxen which
they had of their owne. William earle of Arundell died also this yeare
at Wauerley, and was buried at Wimondham.
[Sidenote: _R. Houed._] This yeare, when it might haue beene thought
that all things were forgotten touching the rebellious attempts made
against king Henrie the father by his sons, [Sidenote: The wals of the
towne and castell of Leicester raced.] and other (as before ye haue
heard) he caused the wals both of the towne and castell of Leicester to
be raced and all such castels and places of strength as had béene kept
against him during the time of that rebellion, to be likewise
ouerthrowne and made plaine with the ground, as the castels of
Huntington, Waleton, Growby, Hey, Stutesbirrie or Sterdesbirrie,
Malasert, the new castell of Allerton, the castels of Fremingham and
Bungey, with diuers other both in England and Normandie. But the castels
of Pascie, and Mountsorell he reteined in his owne hands as his of
right, being so found by a iurie of fréeholders impanelled there in the
countrie; further he seized into his hands all the other castels of
bishops, earles and barons, both in England and Normandie, appointing
keepers in them at his pleasure. [Sidenote: Elinor the kings daughter
married to the king of Castile.] This yeare also he married his daughter
Elianor vnto Alfonse king of Castile.
[Sidenote: Gilbert Fitz Fergus.] Moreouer, Gilbert the sonne of Fergus
lord of Galloway, who had slaine his brother Uthred coosen to king
Henrie, came this yeare into England, vnder conduct of William king of
Scotland, and became king Henrie the fathers man, swearing fealtie to
him against all men: and to haue his loue and fauour gaue him a thousand
marks of siluer, and deliuered into his hands his son Duncane as a
pledge. [Sidenote: Richard earle of Poictow.] It is to be remembred
also, that in this yeare Richard earle of Poictow sonne to king Henrie,
fought with certeine Brabanders his enimies betwixt S. Megrine and
Buteuille, where he ouercame them.