Chapter 11

[Sidenote: Willi. king of Scots deliuered out of prison with other.] At length king Henrie went to Faleise, and there deliuered out of captiuitie William king of Scotland, Robert earle of Leicester, Hugh earle of Chester, with diuerse other Noble men which were kept there as prisoners, putting them to their ransomes, and receiuing of them pledges with an oth of allegiance. [Sidenote: _Matth. Paris._ Prisoners released.] This king Henrie the father released for his part the number of nine hundred 69. knights or men of armes (if yée list so to terme them) which had beene taken since the beginning of these passed warres.

As for king Henrie the sonne he also set at libertie aboue an hundred, and that without ransome paieng, according to the articles of the peace (as before you haue heard.) But yet some (as is alreadie specified) were excepted out of the benefit of that article, as William king of Scotland, who being not able to paie his ransome in present monie, deliuered vp in gage foure of the strongest castels within his realme into king Henries hands; [Sidenote: Castels deliuered by the K. of Scots.] namelie, Barwike, Edenbourgh, Roxbourgh, and Sterling, with condition, that if he brake the peace, and paied not the monie behind due for his raunsome, king Henrie and his successours should enioy for euer the same castels. He also couenanted, not to receiue any English rebels into his realme. [Sidenote: _N. Triuet._ _Matth. Paris._] Other write that the king of Scots did not onelie become the king of Englands liegeman at this time, and couenanted to doo homage vnto him for the realme of Scotland, and all other his lands, but also deliuered the castels of Barwike, and Roxbourgh to be possessed of the same king of England and his heires for euer, without any couenant mentioned of morgage.

Things being setled thus in good order, king Henrie leauing his sonne Henrie at Rouen, went to Argenton, and there held his Christmasse, and afterwards, namelie in the feast of the purification of our ladie, [Sidenote: _Rog. Houed._] both the kings (as well the father as the sonne) were at Mauns, [Sidenote: 1175.] and vpon their returne from thence into Normandie, [Sidenote: The kings of England and France méet at Gisors.] came to a communication with the French king at Gisors, and then being come backe into Normandie at Bure, the sonne (to put the father out of all doubt and mistrust of any euill meaning in him) sware fealtie to him against all persons, and so became his liegeman in the presence of Rothrod archbishop of Rouen, Henrie bishop of Baieux, William earle of Mandeuille Richard de Humez his conestable, and manie other.

After this they kept their easter at Chirebourgh, from whence they came to Caen, [Sidenote: Philip earle of Flanders.] where they met with Philip earle of Flanders, who had latelie before taken on him the crosse, to go to the holie land: where king Henrie the father required him to release all such couenants as king Henrie the sonne had made vnto him in time of his last warres, which he fréelie did, and deliuered vp the writing that he had of the same king concerning those couenants, and so they confirmed vnto him the yearelie rent which he was woont to receiue out of England, before the said warres.

[Sidenote: _Polydor._] Finallie, when king Henrie had visited the most part of the countrie, he came to Harflew, and caused his nauie to be decked and rigged, that he might saile ouer into England. Whilest he tarried heere till his ships were readie, he sent letters to his sonne king Henrie, willing him to repaire vnto him, and meaning that he should accompanie him into England. [Sidenote: Enuious persons readie to forge matters of suspicion.] Who at the first was loth to obeie his fathers will and pleasure herein, bicause some enuious persons about him had put in his head a doubt, least his father had not altogither forgot his former grudge, and that he ment at his comming into England to commit him to prison. Which was a surmize altogither void of likeliehood, considering that the father, in the whole processe of his actions betweene himselfe and his sonnes, was so farre from the desire of inflicting any corporall punishment, or leuieng anie fine vpon them for their misdemenour, that he alwaies sought meanes of reconcilement and pacification. And though this Henrie the sonne for his part deserued to be roughlie dealt withall; yet the father handled him so gentlie with courteous letters & messages, that shortlie after he came of his owne accord vnto Harflew, [Sidenote: The two kings the father and the sonne returne into England.] from whence shortlie after they sailed both togither ouer into England, landing at Portsmouth on a fridaie being the ninth of Maie, from thence they tooke their iournie streight to London, all the waies being full of people that came to see them, and to shew themselues glad and ioifull of their concord and happie arriuall. At their comming to the citie they were receiued with great reioising of the people, beseeching God long to preserue them both in health and honour.

[Sidenote: William de Breause.] The same yeare William de Breause hauing got a great number of Welshmen into the castell of Abergauennie, vnder a colourable pretext of communication, proponed this ordinance to be receiued of them with a corporall oth; That no traueller by the waie amongst them should beare any bow, or other vnlawfull weapon. [Sidenote: The Welshmē not well dealt withall.] Which oth when they refused to take, bicause they would not stand to that ordinance he condemned them all to death. This deceit he vsed towards them in reuenge of the death of his vncle Henrie of Hereford, whom vpon easter euen before, they had through treason murthered, and were now acquited with the like againe.

[Sidenote: _N. Triuet._ Reignold erle of Cornewall departed this life.] The same yeare died Reignold earle of Cornwall, bastard sonne to king Henrie the first without heirs male, by reason whereof the king tooke into his hands all the inheritance of lands and liuings which he held within England, Normandie and Wales, except certeine portions which the daughters of the same earle had by assignement allotted to them. Also Richard erle of Glocester deceassed this yeare, and his sonne Philip succeeded him.

[Sidenote: _Matth. West._ A synod held at London.] The same yeare was a synod of the cleargie kept at Westminster, wherein many things were decréed for the conseruation of religion. Amongst other things it was prouided, that those abbeies and churches which were void of gouernours, and could haue none placed in them by the time of the late ciuill warres, should now be committed vnto men worthie to enioy the same, for the reformation of disorders growne and plentifullie sproong vp in time of the vacations.

The realme now brought into good order and deliuered from the troubles 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 à 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 à 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, & à 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.