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shall be considered in the same state as when they departed.

13. To hold this agreement faithfully, the King Henry, son of the King, took an oath in the hand of his father. Besides this, he, Henry, the son of the King, and his brothers, have pledged themselves that they will never exact more from our lord the King, their father, beyond the afore-written and definite donation, against the good-will and pleasure of our lord the King, their father; and that they will never withdraw from him, their father, either their persons or their services.

14. Richard and Geoffrey, sons of our lord the King, have done homage to him for that which he has granted them; but when his son Henry wished to do homage also, our lord the King refused to receive it, because he was a king, but took security from him.

Such were the terms of the famous treaty by which the younger Henry and his brothers were reconciled to their father; and certainly, if we recollect the superiority which the monarch had gained in arms, and the commanding position in which he presented himself at the conference between Tours and Amboise, we may well wonder at the moderation he displayed. We are not, however, to suppose that the treaty as here given, was precisely a counterpart of that signed at the conference which we have mentioned. Such is proved not to be the case, as it is not only dated

from Falaise, but makes mention of the agreement between the King of Scotland and the King of England, which did not take place until some time after the meeting between Tours and Amboise. We cannot doubt, however, that it was there sketched out, and in all probability some preliminary agreement was drawn up, as a foundation for the subsequent convention. We are compelled, indeed, to suppose that a general treaty of peace, comprising the King of France and the Count of Flanders, was signed nearly at the same time, though the document has been since lost to us, and the particulars are unknown. Very few of the records of that time are any longer to be found; but it it is not at all reasonable to imagine, that Henry would be induced to sheath the sword which he had wielded so powerfully, without some better warranty of the pacific intentions of his principal enemy than a mere abstinence from aggression. I therefore conceive, it is not too much to assert, that some treaty was absolutely entered into by Henry and Louis, the more especially as, besides the prisoners belonging to the English monarch's own territories which were liberated by him after the conference, there were a number of French knights and nobles set free, who certainly were not contemplated by any of the articles of the known treaty; as from all the prisoners therein mentioned, Henry reserves the right of taking hostages for their future good conduct, which could only be applicable to his own vassals.

Indeed, we find in the records of after transactions remote allusions to a treaty concluded between the Kings of France and England at this time, though they are not sufficiently distinct to give us an insight into the terms agreed upon.

The moderation of the King of England, the forgivingness of his disposition, and his love of peace, were never more strikingly displayed than upon the present occasion. It must be remembered, that the prisoners in his hands were not in general merely enemies taken in battle, but that many of them were rebels of the most ungrateful character -that many of them had broken every bond which ought to bind a subject to his sovereign, or a man of feeling to his benefactor-that some had even instigated the young princes to rebel against their father, bringing all the horrors and miseries of war upon a happy and peaceful country; and yet Henry sought no vengeance. He did not even require what the customs of the day justified him in exacting, but freed without fine or ransom no less than nine hundred and sixty-nine gentlemen of the knightly degree; if he had been as avaricious as some persons have asserted, he might well have drawn from that number of prisoners, by a very moderate and lawful exercise of his power, a sum which would have defrayed the expenses of his late warlike operations.

Those prisoners who were reserved from the amnesty promised by the agreement entered into be

tween Tours and Amboise, were somewhat more hardly dealt with; and it is probable that, in order to hold the sword over their heads, Henry did not sign the definitive treaty with his sons till after they had agreed to the terms which he thought fit to dictate. In regard to the King of Scotland, the English monarch showed himself more severe than in his dealings with any of the others, exacting from him the submission of his crown to the crown of England; and binding the bloodthirsty and barbarous neighbour, who had countenanced and commanded the most atrocious cruelties against the English provinces on the border, by the strong bond of feudal homage. Henry required that this submission should be full and perfect, and that it should be approved of and warranted by the nobles and clergy of Scotland, so that at no future period the vassalage of the Scottish crown to that of England should ever be called in question, in consequence of any informality in the

act.

The Scottish barons and prelates were permitted to confer with their sovereign in the castle of Falaise, to which he had been removed not long before; and at their entreaty, and by their advice, he agreed to the terms demanded by the English King. He did homage to Henry himself, and to his eldest son, not as any of his predecessors had done to English monarchs, for particular territories in England, but for the whole kingdom of Scotland and all

his possessions whatsoever. He swore fealty as to his liege lord-he submitted the church of Scotland to the church of England; and such of his clergy and barons as Henry thought fit to summon, also did homage and swore fealty. At the same time the King of Scotland agreed to receive into his dominions no fugitives from England accused of felony, the same agreement being entered into by Henry in regard to fugitives from the neighbouring state. As security for the performance of his promises, the Scottish monarch gave up to the King of England five strong places, and also assigned twenty-one hostages, amongst whom were his brother David and the chief noblemen of the realm.

These concessions were embodied in a convention between the two monarchs, and the barons and prelates of Scotland pledged themselves in writing, to ensure the fulfilment of the treaty on the part of the King of Scotland; and promised that, if he should in any degree violate the terms, they would abandon him and serve the King of England as their liege lord.

Thus was established a claim upon the crown of Scotland, which produced in after years a long series of bloody and brutal hostilities, fruitless and injurious to England, and ruinous to the neighbouring country; as indeed must always be the case when the submission of a people is effected by violence, unless the memory of that violence be subsequently obliterated by kindness, generosity

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