Part 12

[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.

¶ Here I haue thought good to aduertise the reader, that these men of war, whom we haue generallie in this part of our booke named Brabanders, we find them written in old copies diuerslie, as Brebazones, Brebanceni, and Brebationes, the which for so much as I haue found them by the learned translated Brabanders, and that the French word somewhat yeeldeth thereto, I haue likewise so named them: wherein whether I haue erred or not, I must submit mine opinion to the learned & skilfull searchers of such points of antiquities. For to confesse in plaine truth mine ignorance, or rather vnresolued doubt herein, I can not satisfie my selfe with any thing that I haue read, whereby to assure my coniecture what to make of them, although verelie it may be, and the likelihood is great, that the Brabanders in those daies for their trained skill and vsuall practise in warlike feats, wan themselues a name, whereby not onelie those that were naturallie borne in Brabant, but such also as serued amongst them, or else vsed the same warlike furniture, order, trade and discipline, which was in vse among them, passed in that age vnder the name of Brabanders. Or else I must thinke, that by reason of some od kind of habit or other speciall cause, a certeine sort of souldiers purchased to themselues the priuilege of that name, so to be called Brabanceni or Brebationes (whether ye will) as hath chanced to the Lansquenetz and Reisters in our time, and likewise to the companions Arminaes and Escorchers in the daies of our forefathers, and as in all ages likewise it hath fortuned amongst men of warre. Which if it so chanced to these Brabanceni, I know not then what countriemen to make them: for as I remember, Marchades that was a chiefe leader of such souldiers as were knowne by that name (as after ye shall heare) is reported by some authors to be a Prouancois.

It should séeme also that they were called by other names, as the Routs (in Latine Ruptarij) which name whether it came of a French word, as ye would say some vnrulie and headstrong companie, or of the Dutch word Rutters, that signifieth a rider, I cannot say. But it may suffice for the course of the historie to vnderstand that they were a kind of hired souldiers, in those daies highlie estéemed, and no lesse feared, in so much that against them and others there was an article conteined among the decrées of the Laterane councell holden at Rome, [Sidenote: _Wil. Paruus. lib. 3. cap. 3._] in the yeare 1179, whereby all those were to be denounced accursed, which did hire, mainteine or any way nourish those Brebationes, Aragonois, Nauarrois, Basques and Coterelles, which did so much hurt in the christian world in those daies.

But to returne where we left to earle Richard, beside the aboue mentioned victorie against those Brabanders, if we shall so take them; he also vanquished Hamerike vicount of Limoges, and William earle of Angolesme, with the vicounts of Ventadore and Cambanais, who attempted rebellion against him, whome earle Richard subdued, and tooke prisoners, with diuerse castels and strong holds which they had fortified.

[Sidenote: The departure of the legat foorth of the Realme.] About the feast of Peter and Paule, the legat departed out of the realme, of whom we find that as he granted to the king some liberties against the priuileges which the cleargie pretended to haue a right vnto: so he obteined of the king certeine grants in fauour of them and their order, as thus.

[Sidenote: Liberties obteined for churchmen.] 1 First, that for no offense, crime or transgression any spirituall person should be brought before a temporall iudge personallie, except for hunting, or for some laie fee, or that for which some temporall seruice was due to be yéelded, either to the king, or some other that was cheefe lord thereof.

2 Secondlie, that no archbishops see, nor bishops sée, nor any abbaie should be kept in the kings hands more than one yeare, except vpon some euident cause or necessitie constreining.

3 Thirdlie, that such as slue any spirituall person, and were of such offense conuicted, either by euidence or confession before the iustice of the realme in presence of the bishop, should be punished as the temporall law in such cases required.

4 Fourthlie, that spirituall men should not be compelled to fight in lists for the triall of any matter or cause whatsoeuer.

[Sidenote: _N. Triuet._] It should appeare by Nicholas Triuet, that the archbishop of Canturburie procured the bishops of Winchester, Elie, and Norwich, thrée prelats highlie at that present in the kings fauour, to further these grants; namelie, that such as slue any préest or spirituall person might haue the law for it: where before, there was no punishment for a season vsed against such offendors but onelie excommunication. But now to leaue preests, we will passe to other matters.

[Sidenote: The yoong K. beginneth new practises against his father.] In this meane time, king Henrie the sonne remaining in Normandie, began to deuise new practises how to remooue his father from the gouernment and to take it to himselfe; but one of his seruants named Adam de Cherehedune being of his secret counsell, aduertised king Henrie the father thereof, for the which his maister king Henrie the sonne (Cereus in vitium flecti, monitoribus asper) put him to great shame and rebuke, causing him to be stripped naked, and whipped round about the streets of the citie of Poictiers, where he then was vpon his returne from his brother earle Richard, with whome he had beene to aid him against his enimies. [Sidenote: _R. Houed._] King Henrie the father perceiuing the naughtie mind of his sonne, and that he ceassed not from his wilfull maliciousnesse, thought to dissemble all things, sith he saw no hope of amendment in him: but yet to be prouided against his wicked attempts, he furnished all his fortresses both in England & in Normandie with strong garisons of men, and all necessarie munition.

About this time, the sea rose on such a heigth, that manie men were drowned thereby. Also a great snow fell this yeare, which by reason of the hard frost that chanced therewith, continued long without wasting away, so that fishes both in the sea and fresh water died through sharpenesse and vehemencie of that frost, neither could husbandmen till the ground. A sore eclipse of the sunne chanced also the sixt ides of Januarie. The monasterie of Westwood or Lesnos was begun to be founded by Richard de Lucie Lord chéefe iustice. The same yeare also at Woodstocke the king made his sonne the lord Geffrey knight.

[Sidenote: _Rog. Houed._] [Sidenote: 1177.] In the yeare 1177. king Henrie held his Christmas at Northampton, with his two sonnes Geffrey and John, his other two sonnes the yoong king Henrie, and Richard earle of Poictou, were in the parts beyond the seas, as the king in Normandie, and the earle in Gascoigne, [Sidenote: The citie of Aques or Aigues.] where he besieged the citie of Aques, which the vicount of Aques and the earle of Bigorre had fortified against him, but he wan it within ten daies after his comming thither. Within the like terme also he wan the citie of Baion, which Arnold Berthram had fortified against him, and cōming to the vttermost frontiers of that countrie adioining to Spaine, he tooke a castell called saint Piero which he destroied, and constreined the Basques and Nauarrois to receiue an oth, that from thencefoorth they should suffer passengers quietlie to come and go through their countrie, and that they should liue in quiet and keepe peace one with an other, and so he reformed the state of that countrie, and caused them to renounce manie euill customes which they before that time had vnlawfullie vsed.

[Sidenote: An. Reg. 23.] [Sidenote: _Polydor._ Geoffrey the kings base sonne made bishop of Lincolne.] Moreouer, king Henrie, to auoid further slander, placed for bishop in the see of Lincolne a bastard son which he had named Geffrey, after he had kept that bishoprike in his hands so long till he had almost cleerelie destroied it. And his sonne that was now made bishop to helpe the matter for his part, made hauocke in wasting and spending in riotous manner the goods of that church, and in the end forsooke his miter, and left the sée againe in the kings hands to make his best of it.

Furthermore, the king in times past made a vow to build a new monasterie in satisfaction of his offenses committed against Thomas the archbishop of Canturburie: wherefore he required of the bishops and other spirituall fathers, to haue some place by them assigned, where he might begin that foundation. But whilest they should haue taken aduise herein, he secretlie practised with the cardinals, and with diuerse other bishops, that he might remoue the secular canons out of the colledge at Waltham, and place therein regular canons, so to saue monie in his cofers, planting in another mans vineyard. Howbeit, bicause it should not be thought he did this of such a couetous meaning, he promised to giue great possessions to that house, which he after but slenderlie performed, though vpon licence obteined at the bishops hands, [Sidenote: Préests displaced, & canons regular put in their roomes.] he displaced the preests, and brought their roomes the canons as it were by waie of exchange.

[Sidenote: _R. Houed._ Nunnes of Amesburie.] The same yeare also he thrust the nunnes of Amesburie out of their house, bicause of their incontinent liuing, in abusing their bodies greatlie to their reproch, and bestowed them in other monasteries to be kept in more streightlie. And their house was committed vnto the abbesse and couent of Founteuered, who sent ouer certeine of their number to furnish the house of Amesburie, wherein they were placed by the archbishop of Canturburie, in the presence of the king and a great number of others.

[Sidenote: Philip earle of Flanders.] Philip earle of Flanders by sending ouer ambassadours to king Henrie, promised that he would not bestow his two néeces, daughters to his brother Matthew earle of Bullongne, without consent of the same king: but shortlie after he forgot his promise, & married the elder of them to the duke of Zaringes, & the yoonger to Henrie duke of Louaine.

[Sidenote: John de Curcie.] John de Curcie lord cheefe iustice of Ireland discomfiting a power of Irishmen, [Sidenote: The citie of Dun taken. Roderike K. of Ulnestre vanquished.] wan the citie of Dun in Ulnestre, where the bodies of S. Patrike and S. Colme confessors, and S. Brigit the virgin are buried, for the taking of which citie, Roderike king of Ulnestre being sore offended, raised a mightie host, and comming into the field, fought with the lord cheefe iustice, and in the end receiued & tooke the ouerthrow at his hands, although the lord cheefe iustice at that encounter lost no small number of his men. Amongst prisoners that were taken, the bishop of Dun was one, whom yet the lord chéefe iustice released and set at libertie, in respect of a request and suit made to him by a cardinall the popes legat that was there in Ireland at that time.

[Sidenote: Viuiano a cardinall.] This cardinals name was Viuiano, intituled the cardinall of S. Stephan in Mount Celio; he was sent from the pope the yeare before, and comming into England, though without licence, was pardoned vpon knowledging his fault for his entring without the kings leaue first obteined, and so permitted to go into Scotland, whither (as also into other the northwest regions) he was sent as legat, authorised from the pope. Now when he had ended his businesse in Scotland, he passed ouer into Man, and there held his Christmasse with Euthred king of Man, and after the feast of the Epiphanie, sailed from thence into Ireland, [Sidenote: _Wil. Paruus._] and chanced (the same time that the Englishmen inuaded that countrie) to be in the citie of Dun, where he was receiued of the king & bishops of that land with great reuerence.

The inuasion then of the Englishmen being signified to them of the countrie aforehand they asked counsell of the legat what he thought best to be doone in that matter; who streightwaies told them, that they ought to fight in defense of their countrie, and at their setting forward, he gaue them his benediction in waie of their good speed. But they comming (as ye haue heard) to encounter with the Englishmen, were put to flight, and beaten backe into the citie, which was herewith also woone by the Englishmen, so that the Romane legat was glad to get him into the church for his more safegard, and like a wise fellow had prouided afore hand for such haps if they chanced, hauing there with him the king of Englands letters directed to the capteins in Ireland in the legats fauour, so that by the assistance and authoritie of the same, he went to Dublin, [Sidenote: The legat holdeth a councell at Dublin.] and there (in the name of the pope and the king of England) held a councell.

But when he began to practise, after the manner of legats in those daies, somewhat largelie for his owne aduantage, in the churches of that simple rude countrie, the English capteins commanded him either to depart, or else to go foorth to the wars with them: whervpon he returned into Scotland, hauing his bags well stuffed with Irish gold, for the which it seemed he greatlie thirsted.

¶ Where we haue to note the drift of the pope and all popelings to be far otherwise than they pretend. For who (vnlesse he will be wilfullie ignorant) knoweth not, that he and his neuer attempt any thing, but the same beareth the hew and colour of holinesse and honestie? Hereto tend the sendings out of his legats and cardinals to make pacifications, to redresse disorders, to appease tumults, & I wot not what infinit enormities (for he must haue his ore in euerie mans bote, his spoone in euerie mans dish, and his fingers in euerie mans pursse) but the end and scope of all his doings consisteth in this; namelie, to set himselfe aboue all souereigntie, to purchase and assure to himselfe an absolute and supereminent iurisdiction, to rob Christian kingdomes, to impouerish churches, chapels, and religious places. Our chronicles are full of these his pranks, and here we haue one practised by a lim of his, who (as you sée) verie impudentlie and licentiouslie preied vpon the church-goods, and conuerted the same to his owne profit and commoditie: which he had if not trembled, yet blushed to doo, considering that the goods of the church are the treasurie of Christ (or at leastwise ought to be) and that none ought to alienate or change the propertie of such goods, as the canon law hath prouided. Besides, the wretch ought to haue remembred that which euen the verie pagans did not forget; namelie, [Sidenote: _Prop. lib._] Haud vllas portabis opes Acherontis ad vndas, Nudus ad infernas stulte vehere rates.

But now to the dooings of John de Curcie, and of those Englishmen that were with him, who did not onelie defend such places as they had woone out of the Irishmens hands against those kings and their powers, but also inlarged dailie more and more their frontiers, and wan the towne of Armach (wherein is the metropolitane see of all that land) with the whole prouince thereto belonging.