An. Reg. 22.
saint Paule he came to Northampton, & after the mortalitie was well ceassed, he called
1176.
a parlement, whereat was present a deacon cardinall intituled of S. Angelo, being sent into
A parlement at Northhampton.
England as a legat from the pope, to take order in the controuersies betwixt the two archbishops
Matth. Paris.
of Cauturburie 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
An act against préests that were hunters.
alreadie ordeined) all maner of persons within the sacred orders of the cleargie, 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
Polydor.
had wrong therein, as they that would be exempted and iudged by none, except by those of their owne order.
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 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 belcnging 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.
Rog. Houed.
The king of Scots commeth to the parlement.
William king of Scotland came personallie vnto this parlement at Northhampton, 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 namelie 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.
R. Houed.
Diuision of 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, Notinghamsilire, 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 Salopshile: Rafe Fitz Stephan, William Ruffe, and Gilbert Pipard were put in charge with Wilshire, Dorsetshire, Summersetshire, Deuonshire & Cornwall: Robert de Wals, Ranulfde Glanuile, and Robert Pikenet were appointed to Yorkeshire, Richmondshire, Lancashire, Copeland, Westmerland, Northumberland, and Cumberland.
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.
Moreouer at this councell, king Henrie restored vnto Robert earle of Leicester all his
Ger. Dor.
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, the archbishop
The presumptuous demeanor of ye archbishop of Yorke.
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,
Nunquam periculum sine periculo vincitur.Pub. Mim. 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,
Citò ignominia fit superbi gloria.Pub. Mim. After this, followed appealings, the archbishop of Yorke appealed to Rome, and the Appeales made. 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, and dissembled the The conuocation dissolued. 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. Also the same yeare died the lord cheefe iustice of Ireland, Robert N. Triuet. earle of Striguill otherwise Chepstow, then was William Fitzaldelme ordeined lord cheefe R. Houed. N. Triuet. iustice in his place, who seized into the kings hands all those fortresses which the said earle of Striguill held within the realme of Ireland. The Irishmen also paied to the king a A tribut grated by the Irish. 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. 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, and other (as The wals of the towne and castell of Leicester raced. before ye haue heard) he caused the wals both of the towne and castell of Leicester to be raced, andl 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 Elianor the kings daughter married to the king of Castile. at his pleasure. This yeare also he married his daughter Elianor vnto Alfonse king of Castile. 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 Richard earle of Poictow. deliuered into his hands his son Duncane as a pledge. 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 Wil. Paruus, lib. 3. cap. 3. councell holden at Rome, 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. 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 Liberties obteined for churchmen. them and their order, as thus.
- 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.
- 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.
- Thirdlie, that such as slue any spirituall person, and were of such offense conuicted, either by euidence or confession before the iustice of the realmc in presence of the bishop, should be punished as the temporall law in such cases required.
- Fourthlie, that spirituall men should not be compelled to fight in lists for the triall of any matter or cause whatsoeuer.
(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 enimics. King Henrie the father perceiuing the naughtie mind of his sonne, and that he ceassed R. Houed. 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. Rog. Houed. In the yeare 1177. king Henrie held his Christmas at Northampton, with his two 1177. 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 The citie of Aques or Aigues. in Gascoigne, 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.
