CHAPTER VIII.

THE SECOND CHARTER OF THE EMPRESS.

We left, it may be remembered, the Empress and her supporters assembled at Bristol, apparently towards the close of the year 1141. Their movements are now somewhat obscure, and the hopes of the Empress had been so rudely shattered, that for a time her party were stunned by the blow. We gather, however, from William of Malmesbury that Oxford became her head-quarters,[504] and it was at Oxford that she granted the charter which forms the subject of this chapter.

From internal evidence it is absolutely certain that this charter is subsequent to that dealt with in the last chapter. That is to say, it must be dated subsequent to Christmas, 1141. But it is also certain, from the fact that the Earl of Gloucester is a witness, that it must have passed previous to his departure from England at the end of June, 1142.[505]

It may, at first sight, excite surprise that, after having extorted such concessions from Stephen, Geoffrey should so quickly turn to his rival, more especially when Stephen appeared triumphant, and the chances of his rival desperate. But, on the one hand, in accordance with his persistent policy, he hoped, by the offer of a fresh treason, to secure from the Empress an even higher bid than that which he had wrung from Stephen; and, on the other, the very weakness of the Empress, he must have seen, would place her more completely at his mercy. In short, he now virtually aspired to the _rôle_ of "the king-maker" himself.[506]

Even he, however, strong though he was, could scarcely have attempted to stem the tide, while the flood of reaction was at its height. He watched, no doubt, for the first signs of an ebb in Stephen's triumph. It was not long before this ebb came in the form of that illness by which the king, as we saw, was struck down about the end of April, on his way south, at Northampton.[507] The dismissal of the host he had so eagerly collected was followed by a rumour of his death.[508] No one, it would seem, has ever noticed the strange parallel between this illness and that of 1136. In each case it was about the end of April that the king was thus seized, and in each case his seizure gave rise to a widespread rumour of his death.[509] On the previous occasion that rumour had been followed by an outburst of treason and revolt,[510] and it is surely, to say the least, not improbable that it now gave the sign for which Geoffrey was watching, and led to the extraordinary charter with which we have here to deal.

The movements of the Empress have also to be considered in their bearing on the date of the charter. We learn from William of Malmesbury that she held two councils at Devizes, one about the 1st of April (Mid-Lent), and one at Whitsuntide (7-14 June). The latter council was held on the return of the envoys who had been despatched, after the former one, to request Geoffrey of Anjou to come to his wife's assistance. Geoffrey had replied that the Earl of Gloucester must first come over to him, and the earl accordingly sailed from Wareham about the end of June. It is most probable that he went there straight from Devizes, in which case he was not at Oxford after the beginning of June. In this case, that is the latest date at which the charter can have passed.

Although the original of this charter cannot, like its predecessor of the previous year, be traced down to this very day, we have the independent authorities of Dugdale and of another transcriber for the fact that it was duly recorded in the Great Coucher of the duchy.[511] If the missing volume, or volumes, of that work should come to light, I cannot entertain the slightest doubt that this charter will be found there entered. Collateral evidence in its favour is forthcoming from another quarter, for the record with which, as I shall show, it is so closely connected that the two form parts of one whole, has its existence proved by cumulative independent evidence.

I have taken for my text, in this instance, the fine transcript from the Great Coucher in _Lansd. MS._ 229 (fol. 109), with which I have collated Dugdale's transcript, among his MSS. at Oxford (L. 19), "ex magno registro in officio Ducatus Lancastrie." I have also collated another transcript which is among the Dodsworth MSS. (xxx. 113), and which was made in 1649. It is, unfortunately, incomplete. Yet another transcriber began to copy the charter, but stopped almost at once.[512] I have given in the notes the variants (which are slight) in the Dodsworth and Dugdale transcripts.

"Carta M. Imperatricis facta Com̃ Gaufredo Essexiæ de pluribus terris et libertatibus.

M. Imperatrix. H. regis filia et Anglorum Domina. Archiepiscopis.[513] Episcopis. Abbatibus. Comitibus. Baronibus. Justiciariis. Vicecomitibus. Ministris. et omnibus fidelibus suis Francis et Anglis totius Angliæ et Normanniæ Salutem. Sciatis me reddidisse et concessisse Comiti Gaufr[edo] Essexe omnia tenementa sua, sicut Gaufredus avus suus,[514] aut Willelmus pater suus,[515] aut ipsemet postea unquam melius vel liberius tenuerit[516] aliquo tempore in feodo et hæreditate sibi et hæredibus suis, ad tenendum de me et de hæredibus meis. Videlicet in terris et turribus, in Castellis et Bailliis. Et nominatim Turrim Lund[oniæ] cum Castello quod subtus[517] est, ad firmandum et efforciandum ad voluntatem suam. Et Vicecomitatum Lund[oniæ][518] et Middelsex per CCC lib[ras] sicut Gaufredus auus eius tenuit. Et vicecomitatum Essex per CCC lib[ras] sicut idem Gaufredus auus eius tenuit.[519] Et vicecomitatum de Heortfordscirâ per LX libras sicut avus eius tenuit. Et præter hoc do et concedo eidem Gaufredo quod habeat hæreditabiliter Justiciã Lund[oniæ] et Middelsex et Essex et de Hertfordscirâ, ita quod nulla alia justicia placitet in hiis supradictis vicecomitatibus nisi per eis[520] [_sic_]. Et concedo illi,[521] ut habeat illas C libratas terræ quas dedi illi, et servicium illorum XX militum sicut illud ei dedi et per aliam cartam meam confirmavi. Et illas CC libratas terræ quas Rex Stephanus et Matildis regina ei dederunt. Et illas C libratas terræ de terris Eschaetis quas idem Rex et Regina ei dederunt, et servicium militum quod ei dederunt, sicut habet inde cartas illorum. Et do ei totam terram quæ fuit[522] Eudonis Dapiferi in Normanniâ et Dapiferatum ipsius. Et hæc reddo ei ut Rectum suum ut habeat et teneat hæreditabiliter, ita ne ponatur inde in placitum versus aliquem. Et si dominus meus Comes Andegaviæ et ego voluerimus, Comes Gaufredus accipiet pro dominiis et terris quas habet Eschaetis et pro servicio militum[523] quod habet totam terram quæ fuit Eudonis Dapiferi in Anglia sicut tenuit ea die qua fuit et vivus et[524] mortuus, quia hoc est Rectum suum, Præter illas[525] libratas terræ quas ego dedi ei Et præter seruicium XX militum quod ei dedi, Et præter terram Ernulfi de Mannavill sicut eam tenet de Comite Gaufredo ex servicio X militum Et si potero perquirere erga Episcopum Lund[oniæ] et erga ecclesiam Sancti Pauli Castellum de Storteford per Escambium ad Gratum suum tunc do et concedo illud ei et hæredibus suis in feodo et hereditate tenendum de me et hæredibus meis. Quod si facere non potero, tunc ei convenciono quod faciam illud prosternere et ex toto cadere. Et concedo quod Ernulf[us] de Mannavill teneat illas C libratas terræ quas ei dedi, et servicium X militum de Comite Gaufredo patre suo. Et præter hoc do et concedo eidem Ernulfo C libratas terræ de terris Eschaetis Et servicium X militum ad tenendum de domino meo Comite Andegau[ie] et de me in capite hæreditarie sibi et hæredibus suis de nobis et de hæredibus nostris videlicet Cristeshalam[526] et Benedis[527] pro quanto valent. Et superplus perficiam ei per considerationem Comitis Gaufredi. Et convenciono eidem Gaufredo Comiti Essex quod dominus meus Comes Andegauie vel ego vel filii nostri nullam pacem aut concordiam cum Burgensibus Lund[oniæ] faciemus, nisi concessu et assensu prædicti Comitis Gaufredi quia inimici eius sunt mortales. Concedo etiam eidem Gaufredo quod novum castellum quod firmavit super Lviam[528] stet et remaneat ad efforciandum ad voluntatem suam. Concedo etiam ei quod firmet unum Castellum ubicunque voluerit in terrâ suâ sicut ei per aliam cartam meam concessi, et quod stet et remaneat. Concedo etiam eidem Gaufredo quod ipse et omnes homines sui habeant et lucrentur omnia essarta sua libera et quieta de omnibus placitis facta usque ad diem qua servicio domini mei Comitis Andegavie ac meo adhesit. Hæc autem omnia supradicta tenementa in omnibus rebus concedo ei tenenda hæreditarie sibi et hæredibus suis de me et hæredibus meis. Quare volo et firmiter præcipio quod ipse Gaufredus comes et hæredes sui teneant hæc omnia supradicta tenementa ita bene et in pace et libere et quiete et honorifice et plenarie sicut unquam aliquis Comitum meorum totius Angliæ melius vel liberius tenuit vel tenet Et præter hoc dedi Willelmo filio Otueɫ[529] fratri ejusdem Comitis Gaufredi C libratas terræ de terris Escaetis tenendis de me et de hæredibus meis in feudo et hæreditate pro seruicio suo, et pro amore fratris sui Comitis Gaufredi. Concedo etiam quod Willelmus de Sai[530] habeat omnes terras et tenementa quæ fuerunt patris sui, et ipse et hæredes sui, et quod Willelmus Cap'.[531] habeat terram patris sui sine placito et ipse et hæredes sui. Concedo etiam eidem Comiti Gaufredo quod Willelmus filius Walteri[531] et hæredes sui habeant custodiam Castelli de Windesh' et omnia sua tenementa sicut ipse Willelmus et antecessores sui eam habuerunt de Rege H. patre meo et antecessoribus ipsius. Et quod Matheus de Rumilli[533] habeat terram patris sui quam Gaufridus de Turevill[534] tenet. Et Willelmus de Auco[535] habeat Lauendonam sicut Rectum suum hæreditarie. Concedo etiam eidem Comiti Gaufredo quod omnes homines sui teneant terras et tenementa sua de quocunque teneant sine placito et sine pecuniæ donatione et ut Rectum eis teneatur de eorum Calumpnijs sine pecuniæ donatione Et quod Osb[ertus] Octod[enarii][536] habeat illas XX libratas terræ quas ei dedi et confirmaui per cartam meam.

"Hanc[537] autem convencionem et donationem tenendam affidavi manu mea propria in manu ipsius Comitis Gaufredi. Et hujus fiduciæ sunt obsides per fidem et Testes Robertus Comes Gloec': et Milo Com' Heref':[538] et Brianus filius Comitis: et Rob' fil' Reg':[539] et Rob' de Curc' Dap:[540] et Joh'es filius Gisleberti:[541] et Milo de Belloc':[542] et Rad' Paganell:[543] et Rob' de Oilli Conest':[544] et Rob' fil' Heldebrand'.[545]

"Et[546] convencionavi eidem Comiti Gaufredo pro posse meâ quod Comes Andegavie dominus meus assecurabit ei manu sua propria illud idem[547] tenendum et Henricus filius meus similiter. Et quod rex Franciæ erit inde[548] obses si facere potero. Et si non potero, faciam quod ipse Rex capiet in manu illud tenendum. Et de hoc debent esse obsides per fidem: Juhel de Moduana,[549] et Robertus de Sabloill et Wido de Sabloill[550] et Pagan' de Clarevall'[551] et Gaufredus de Clarevall' et Andreas de Aluia:[552] et Pipinus de Turon': et Absalon Rumarch'[553] et Reginaldus comes Cornubiæ et Balduinus Comes Devon': et Gislebertus Comes de Penbr': et Comes Hugo de Norff': et Comes Albericus: et Henricus de Essex: et Petrus de Valon':[554] et alii Barones mei quos habere voluerit et ego habere potero, erunt inde obsides similiter. Et quod x'rianitas Angliæ quæ est in potestate meâ capiet in manu istam supradictam conventionem tenendam eidem Comiti[555] Gaufredo et hæredibus suis de me et de hæredibus meis. Apud Oxineford.[556]

"Sub magno sigillo dictæ Matildis Imperatricis."

Let us now, in accordance with the guiding principle on which I have throughout insisted, compare this charter _seriatim_ with those by which it was preceded, with a view to ascertaining what further concessions the unscrupulous earl had won by this last change of front. We shall find that, as we might expect, it marks a distinct advance.

The earlier clauses do little more than specifically confirm the privileges and possessions that he had inherited from his father or had already wrung from the eager rivals for the Crown. This was by no means needless so far as the Empress was concerned, for his desertion of her cause since her previous charter involved, as an act of treason, his forfeiture at her hands. These are followed by a new grant, namely, "totam terram quæ fuit Eudonis Dapiferi in Normannia et Dapiferatum ipsius," with a conditional proposal that Geoffrey should also, in exchange for the grants he had already received, obtain that portion of the Dapifer's fief which lay in England. The large estate which this successful minister had accumulated in the service of the Conqueror and his sons had escheated to the Crown at his death, and is entered accordingly in the Pipe-Roll of 31 Hen. I. This has an important bearing on the noteworthy admission in the charter that Geoffrey is to receive the Dapifer's fief not as a gift, but as his right ("rectum suum"). This expression is referred to by Mr. Eyton in his MSS., as placing beyond doubt the received statement that Geoffrey was maternally a grandson of the Dapifer, whose daughter and heiress Margaret had married his father William. But this statement is taken from Dugdale, who derived it solely from the _Historia Fundationis_ of St. John's Abbey, Colchester, a notoriously inaccurate and untrustworthy document printed in the _Monasticon_. The fact that this fief escheated to the Crown, instead of passing to the Mandevilles with the Dapifer's alleged daughter, is directly opposed to a story which has no foundation of its own.[557]

The next clause to be noticed is that which refers to Bishop's Stortford. It implies a peculiar antipathy to this castle on the part of Earl Geoffrey, an antipathy explained by the fact of its position, lying as it did on the main road from London to (Saffron) Walden, and thus cutting communications between his two strongholds. We have a curious allusion to this episcopal castle a few years before (1137), when Abbot Anselm of St. Edmund's, who claimed to have been elected to the see, seized and held it.[558]

The next additional grant made in this charter is that of "C libratas terræ de terris eschaetis et servicium X militum" to the earl's son Ernulf. This is followed by what is certainly the most striking clause in the whole charter, that which binds the Empress and her husband "to make no peace and come to no terms with the burgesses (_sic_) of London, without the permission and assent of the said Earl Geoffrey, because they are his mortal foes." Comment on the character of such a pledge on the part of one who claimed the crown, or on the light it throws on Geoffrey's doings, is surely needless.

The clauses relating to Geoffrey's castles are deserving of special attention on account of the important part which the castle played in this great struggle. The erection of unlicensed ("adulterine") castles and their rapid multiplication throughout the land is one of the most notorious features of the strife, and one for which Stephen's weakness has been always held responsible. It is evident, however, from these charters that the Crown struggled hard against the abdication of its right to control the building of castles, and that even when reduced to sore straits, both Stephen and the Empress made this privilege the subject of special and limited grant. By this charter the earl secures the license of the Empress for a new castle which he had erected on the Lea. He may have built it to secure for himself the passage of the river, it being for him a vital necessity to maintain communication between the Tower of London and his ancestral stronghold in Essex. But the remainder of the passage involves a doubt. The Empress professes to repeat the permission in her former charter that he may construct one permanent castle, in addition to those he has already, anywhere within his fief. Yet a careful comparison of this permission with that contained in her former charter, and that which was granted by Stephen, in his charter between the two, proves that she was really confirming what he, not she, had granted.

MAUD (1141).

"Et præterea concedo illi ut castella sua que habet stent ei et remaneant ad inforciandum ad voluntatem suam."

STEPHEN.

"Et præterea firmiter ei concessi ut possit firmare quoddam castellum ubicunque voluerit in terra sua, et quod stare possit."

MAUD (1142).

"Concedo etiam ei quod firmet unum castellum ubicunque voluerit in terra sua, _sicut ei per aliam cartam meam concessi_, et quod stet et remaneat."

As we can trace, in every other instance, the relation of the various charters without difficulty or question, it would seem that we have here to do with an error, whether or not intentional.

We then come to the clauses in favour of Geoffrey's relatives and friends. This is a novel feature which we cannot afford to overlook. It is directly connected with the question of that important De Vere charter to which we shall shortly come.

Lastly, there is the remarkable arrangement for securing the validity of the charter. Let us look at this closely.[559] We should first notice that the Empress describes it, not as a charter, but as a "convencio et donatio." Now this "convencio" is a striking term, for it virtually denotes a treaty between two contracting powers. This conception of treaty relations between the Crown and its subjects is one of the marked peculiarities of this singular reign. It is clearly foreshadowed in those noteworthy charters which the powerful Miles of Gloucester secured from Stephen at his accession, and it meets us again in the negotiations between the youthful Henry of Anjou, posing as the heir to the crown, and the great nobles, towards the close of this same reign. It is in strict accordance with this idea that we here find the Empress naming those who were to be her sureties for her observance of this "convencio," precisely as was done in the case of a treaty between sovereign powers.[560] The exact part which the King of France was to play in this transaction is not as clear as could be wished, but the expression "capere in manu" is of course equivalent to his becoming her "manucaptor," and "tenere" is here used in the sense of "to hold good."[561] The closing words in which "the Lady of England" declared that all the Church of Christ then beneath her sway shall undertake to be responsible for her keeping faith, present a striking picture: but yet more vivid, in its dramatic intensity, is that of the undaunted Empress, the would-be Queen of the English, standing in her water-girdled citadel, surrounded by her faithful followers, and playing, as it were, her last card, as she placed her hand, in token of her faith, in the grip of the Iron Earl.[562]

It was only, indeed, the collapse, to all appearance, of her fortunes, that could have tempted Geoffrey to demand, or have induced the Empress to concede, terms so preposterously high. The fact that she was hoping, at this moment, to allure her husband to her side, that he might join her in a crowning effort, explains her eagerness to secure allies, at the cost of whatever sacrifice, and also, in consequence, the anxiety of those allies to bind her to her promises hard and fast. It further throws light on the constant reference throughout this charter to Geoffrey of Anjou and his son.

Turning to the names of her proposed sureties, we find among them five earls, of whom the Earls of Norfolk and of Pembroke invite special notice. The former had played a shifty part from the very beginning of the reign. He appears to have really fought for his own hand alone, and we find him, the year after this, joining the Earl of Essex in his wild outburst of revolt. With Pembroke the case was different. He had been among the nobles who, the Christmas before, had assembled at Stephen's court, and had attested the charter there granted to the Earl of Essex. He may, in the interval, have quarrelled with Stephen and joined the party of the Empress; but I think the occurrence of his name may be referred, with more probability, to another cause, that of his family ties. It is, indeed, to family ties that we must now turn our attention.

The Earl of Essex had included, as we have seen, in his demands on this occasion, provisions in favour of certain of his relatives, including apparently his sisters' husbands. But these by no means exhausted the concessions he had resolved to exact. He had come prepared to offer the Empress the support, not only of himself, but of a powerful kinsman and ally. This was his wife's brother, Aubrey de Vere.

It will be better to relegate to an appendix the relationship of these two families, without a clear understanding of which it is impossible to grasp Geoffrey's scheme, or to interpret aright these charters in their relation to one another, and in their bearing as parts of a connected whole. Unfortunately, the errors of past genealogists have rendered it a task of some difficulty to ascertain the correct pedigree.[563]

When the fact has been established on a sure footing that Aubrey stood in the relation of wife's brother to Geoffrey, we may turn to the charter upon which my narrative is here founded.

This is a charter of the Empress to Aubrey at Oxford. Mr. Eyton had, of course, devoted his attention to this, as to the other charters, in his special studies on the subject, but his fatal mistake in assigning both this and the above charter to Geoffrey to the year 1141 deprives his conclusions of all value. We may note, however, that he argued from the mention, in the charter granted to Geoffrey, of "Earl Aubrey," that it must, in any case, be subsequent to the charter by which Aubrey was created an earl. He, therefore, dated the latter as "_circ._ July, 1141," and the former "_circ._ August, 1141" (or "between July 25 and Aug. 15, 1141").[564] This reasoning could at once be disposed of by pointing out that the Empress accepted her new ally and supporter as "Earl Aubrey" already. Of this, however, more below. But the true answer is to be found in the fact, which Mr. Eyton failed to perceive, that these two charters were not only granted simultaneously, but formed the two complements of one connected whole. In the light of this discovery the whole episode is clear.

It is now time to give the charter with the grounds for believing in its existence and authenticity. We have two independent transcripts to work from. One of them was taken from the Vere register by Vincent in 1622, and printed by him in his curious _Discoverie of Brook's Errors_. The other was taken, apparently, in 1621, and was used by Dugdale for his _Baronage_. Vincent's original transcript is preserved at the College of Arms, and this I have used for the text. But we have, fortunately, strong external testimony to the existence of the actual document. There is printed in Rymer's _Fœdera_ (xiii. 251) a confirmation by Henry VIII. (May 6, 1509) of this very charter, in which he is careful to state that it was duly exhibited before him.[565] Thus, from an unexpected source we obtain the evidence we want. It must further be remembered that our knowledge of these twin charters comes from two different and unconnected quarters, one being recorded in the duchy coucher (see p. 165), while the other was found among the muniments of the heir of the original grantee (see p. 183). If, then, these two independent documents confirm and explain one another, there is every reason to believe that their contents are wholly authentic.

CHARTER OF THE EMPRESS TO AUBREY DE VERE (1142).

M. Imp'atrix H. Regis filia et Anglorum Domina Archiepiscopis Episcopis Abbatibus Comitibus Baronibus Justiciariis Vicecomitibus ministris et omnibus fidelibus suis Francis et Anglis totius Angliæ salutem. Sciatis me reddidisse et concessisse Comiti Alberico omnes terras et tenementa sua, sicut pater eius Albericus de Veer tenuit, die quâ fuit vivus et mortuus, videlicet, in terris, in feodis, in firmis, in ministeriis, in vadiis, in empcionibus, et hæreditatibus. Et nominatim Camerariam Angliæ sicut Albericus de Veer pater eius vel Robertus Malet vel aliquis Antecessorum suorum eam melius vel liberius tenuit cum omnibus consuetudinibus et libertatibus quæ ad ea pertinent sicut alia Carta mea quam inde habuit testatur. Et do et concedo ei totam terram Willelmi de Albrincis sine placito pro seruicio suo, simul cum hæreditate et iure quod clamat ex parte uxoris sue sicut umquam Willelmus de Archis[566] ea melius tenuit. Et turrim et Castellum de Colecestr' sine placito finaliter et sine escampa[567] quam citius ei deliberare potero. Et omnes tenuras suas de quocunque eas teneat in omnibus rebus sicut Carta sua alia quam inde habuit testatur. Et preter hoc do ei et concedo quod sit Comes de Cantebruggescr' et habeat inde tertium denarium sicut Comes debet habere, ita dico si Rex Scotiæ non habet illum Comitatum. Et si Rex habuerit perquiram illum ei ad posse meum per escambium. Et si non potero tunc do ei et concedo quod sit Comes de quolibet quatuor Comitatuum subscriptorum, videlicet Oxenefordscira, Berkscira, Wiltescira, et Dorsetscira per consilium et consideracionem Comitis Gloecestrie fratris mei et Comitis Gaufridi et Comitis Gisleberti et teneat Comitatum suum cum omnibus illis rebus que ad comitatum suum pertineat ita bene et in pace et libere et quiete et honorifice et plenarie sicut unquam aliquis Comes melius vel liberius tenuit vel tenet comitatum suum. Concedo etiam ei in feodo et hæreditate seruicium Willelmi de Helion,[568] videlicet decem militum ut ipse Willelmus teneat de Comite Alberico et ipse Comes faciat inde michi seruicium et michi et hæredibus meis. Concedo etiam ei et hæredibus suis de cremento Diham[569] que fuit Rogeri de Ramis[570] rectum nepotum ipsius comitis Alberici, videlicet filiorum Rogeri de Ramis.[571] Et similiter concedo ei et heredibus suis Turroc̃[572] que fuit Willelmi Peuerelli de Nottingh', et terram Salamonis Presbiteri[573] de Tilleberiâ.[574] Concedo etiam eidem Alberico Comiti quod ipse et omnes homines sui habeant et lucrentur omnia essarta sua libera et quieta de omnibus placitis que fecerant usque ad diem quâ seruicio domini mei Comitis Andegavie et meo adhæserunt.[575] Hec omnia supradicta tenementa concedo ei tenenda hæreditarie in omnibus rebus sibi et hæredibus suis de me et de hæredibus meis. Quare volo et firmiter præcipio quod ipse Albericus Comes et heredes sui teneant omnia tenementa sua ita bene et in pace et libere et quiete et honorifice et plenarie sicut unquam aliquis Comitum meorum melius vel liberius tenuit vel tenet et preter hoc do et concedo Galfrido de Ver totam terram que fuit Galfridi Talebot[576] in dominiis in militibus si eam ei Warantizare potero. Et si non potero, escambium ei inde dabo ad valentiam per consideracionem Comitis Galfridi Essex et Comitis Gisleberti et Comitis Alberici fratris sui. Et preter hoc concedo Roberto de Ver unam baroniam ad valentiam honoris Galfridi de Ver infra annum quo potestatiua fuero regni Angliæ. Vel aliam terram ad valentiam illius terræ. Et preter hoc do et concedo eidem Comiti Alberico Cancellariam ad opus Willelmi de Ver fratris sui ex quo deliberata fuerit de Willelmo Cancellario fratre Johannis filii Gisleberti qui eam modo habet. Hanc autem convencionem et donacionem tenendam affidaui manu mea propria in manu Galfridi Comitis Essex. Et hujus fiduciæ sunt obsides per fidem et Testes: Robertus Comes Gloec', et Milo Comes Heref', et Brianus filius Comitis, et Robertus filius Regis[577] et Robertus de Curci Dap', et Johannes filius Gisleb', et Milo de Belloc', et Radulfus Paganel, et Robertus filius Heldebrandi et Robertus de Oileio Conestabularius. Et Convencionaui eidem Comiti Alberico quod pro posse meo Comes Andegavie dominus meus assecurabit ei manu suâ propriâ illud idem tenendum et Henricus filius meus similiter. Et quod Rex ffrancie erit mihi obses si facere potero Et si non potero, faciam quod rex capiet in manu illud idem tenendum. Et de hoc debent esse obsides per fidem Juhel de Meduana et Rob[ertus] de Sabloill et Wido de Sabloill et Paganus de Clarievall' et Gaufridus de Clarievall et Andreas de Alvia et Pepinus de Turcin, et Absalon de Ruinard[578] et Reginaldus Comes Cornubiæ et Baldwinus Comes Deuoniæ et Comes Gislebertus de Pembroc et Comes Hugo de Norfolc et Comes de Essex Gaufridus et Patricius[579] (_sic_) de Valoniis, et alii barones mei quos habere voluerit et ego habere potero erunt inde obsides similiter et quod Christianitas Angliæ quæ in potestate meâ est capiat in manu supradictam convencionem tenendam eidem Comiti Alberico et hæredibus suis de me et hæredibus meis Apud Oxin.[580]

The first point to which I would call attention is the identity of expression in the two charters, proving, as I urged above, their close and essential connection. It may be as well to place the passages to which I refer side by side.

CHARTER TO GEOFFREY.

Hanc autem conventionem et donationem tenendam affidavi manu mea propria in manu ipsius Comitis Gaufredi. Et hujus fiduciæ sunt obsides per fidem et Testes, Robertus etc.

Et conventionavi eidem Comiti Gaufrido pro posse meâ quod Comes Andegavie dominus meus assecurabit ei manu suâ propriâ illud idem tenendum et Henricus filius meus similiter, etc., etc.

CHARTER TO AUBREY.

Hanc autem conventionem et donationem tenendam affidavi manu mea propria in manu Galfredi Comitis Essex. Et hujus fiduciæ sunt obsides per fidem et Testes, Robertus, etc.

Et conventionavi eidem Comiti Alberico quod pro posse meo Comes Andegavie dominus meus assecurabit ei manu suâ propriâ illud idem tenendum et Henricus filius meus similiter, etc., etc.

Putting together these passages with the fact that the witnesses also are the same in both charters, we see plainly that these two documents, while differing from all others of the kind, correspond precisely with each other. Above all, we note that it was to Geoffrey, not to Aubrey, that the Empress pledged her faith for the fulfilment of Aubrey's charter. This shows, as I observed, that Aubrey obtained this charter as Geoffrey's relative and ally, just as Geoffrey's less important kinsmen were provided for in his own charter.

Here we may pause for a moment, before examining this record in detail, to glance at another which forms its corollary and complement.

It will have been noticed that in both these charters the Empress undertook to obtain their confirmation by her husband and her son. We know not whether the charter to Geoffrey was so confirmed, but presumably it was. For, happily, in the case of its sister-charter, the confirmation by the youthful Henry was preserved. And there is every reason to believe that when this was confirmed the other would be confirmed also.

The confirmation by the future King Henry II. of his mother's charter to Aubrey de Vere may be assigned to July-November, 1142. His uncle Robert crossed to Normandy shortly after witnessing the original charter, and returned to England, accompanied by his nephew, about the end of December.[581] We may assume that no time was lost in obtaining the confirmation by the youthful heir, and though the names of the witnesses and the place of testing are, unluckily, omitted in the transcript, the fact that a Hugh "de Juga" acted as Geoffrey's proxy for the occasion supports the hypothesis that the confirmation took place over sea. That we have a confirmation by Henry, but not by his father, is doubtless due to Geoffrey of Anjou refusing, on this occasion, to come to his wife's assistance, and virtually, by sending his son in his stead, abdicating in his favour whatever pretensions he had to the English throne.

As Henry's charter is printed at the foot of his mother's by Vincent, I shall content myself with quoting its distinctive features, for the subject matter is the same except for some verbal differences.[582] There is some confusion as to the authority for its text. Vincent transcribed it, like that of the Empress, from the Hedingham Castle Register. Dugdale, in his _Baronage_, mixes it up with the charter granted by Henry when king, so that his marginal reference would seem to apply to the latter. In his MSS., however, he gives as his authority "Autographum in custodia Johis. Tindall unius magror. Curie cancellarie temp. Reg. Eliz." If the original charter itself was in existence so late as this there is just a hope that it may yet be found in some unexplored collection. From time to time such "finds" are made,[583] and few discoveries would be more welcome than that of the earliest charter of one of the greatest sovereigns who have ever ruled these realms, the first Plantagenet king.[584]

CHARTER OF HENRY OF ANJOU TO AUBREY DE VERE. July-November, 1142.

"Henricus filius filiæ Regis Henrici, rectus heres Angl. et Normann. etc. Sciatis quod sicut Domina mea, viz. mater mea imperatrix reddidit et concessit, ita reddo et concedo.... Hanc autem convencionem tenendam affidavi manu mea propria in manu Hugonis de Juga,[585] sicut mater mea Imperatrix affidavit in manu Comitis Gaufr. Testibus," etc.

Henry "fitz Empress" was at this time only nine and a half years old. The claim he is here made to advance as "rightful heir" of England and Normandy sounds the key-note of the coming struggle. Not only till he had obtained the crown, but also after he had obtained it, he steadily dwelt on his "right" to the throne, of which Stephen had wrongfully deprived him.

We should also note that he claims to be "heir" of England and Normandy, but not of Anjou. I take this to imply that he posed as no mere heir-expectant, but as one who ought, by right, to be in actual possession of his realm. He could not, in the lifetime of his father, assume this attitude to Anjou. Hence its omission. As for his mother, he seems, from the first, to have claimed her inheritance, as he eventually obtained it, not for her, but for himself.

Let us now return to the charter of the Empress.

It will be best to discuss its successive clauses _seriatim_. The opening portion, from "Sciatis me reddidisse" to "sicut alia Carta mea quam inde habuit testatur," is merely a confirmation of her previous charter, granted, as we learn from this, for the purpose of securing him in the possession of his father's fief and office of royal chamberlain. His father, who is said to have been slain in May, 1141, had been granted the chamberlainship by Henry I. in 1133, the charter being printed by Madox from Dugdale's transcript. This confirmation repeats its terms.

The next portion extends from the words "Et do et concedo" to "sicut Carta sua alia quam inde habet testatur." About this there is some obscurity. The word is "do," not "_red_do," and the expression "Carta sua" replaces "Carta mea." The clause clearly refers to grants made to Aubrey himself since his father's death, but whether by the king or by the Empress is not so clear as could be wished. The point need not be discussed at length, but the former seems the more probable.

Fortunately, there is no such doubt about the clauses of creation. Here the question of the formula becomes all-important. The case stands thus. There are only two instances in the course of this reign in which we can be quite certain that we are dealing with creations _de novo_. The one is that by which the king "made" Geoffrey Earl of Essex; the other, that by which the Empress "made" Miles Earl of Hereford. We know that neither grantee had been created an earl before; and we find that the sovereign, in each instance, speaks of having "made" ("fecisse") him an earl.[586] So, again, in the only instance of a "counter-patent" of creation, of which we can be quite certain, namely, that by which the Empress recognized Geoffrey as Earl of Essex after he had received that title from Stephen, the formula used is: "Do et concedo ut sit Comes." The two are essentially distinct. Now, applying this principle to the present charter, we find the latter of the two _formulæ_ employed on this occasion. The words are: "Do ei et concedo ut sit Comes." We infer, therefore, if my view be right, that Aubrey was already in enjoyment of comital rank when he received this charter. It might be, and indeed has been, supposed that he was so by virtue of a creation by Stephen. I have noted an instance in which he attests a charter of Stephen (at the siege of Wallingford) as a "comes,"[587] and it is not likely that Stephen would allow him this title in virtue of a creation by the Empress. On the other hand, in this charter the Empress treats him as already a _comes_, which she does not do in the case of Geoffrey, who had been created a _comes_ by Stephen.[588] The difference between the two cases is accounted for by the fact that Aubrey was _comes_ not by a creation of Stephen, but in right of his wife Beatrice, heiress of the _Comté_ of Guisnes. This has been clearly explained by Mr. Stapleton in his paper on "The Barony of William of Arques,"[589] although he is mistaken in his dates. He wrongly thought, like others, that Aubrey's father, the chamberlain, was killed in May, 1140, instead of May, 1141, and, like Mr. Eyton, he wrongly assigned this charter of the empress to 1141, instead of 1142.[590] His able identification of "Albericus _Aper_" with Aubrey de Vere may be supplemented by a reference to the fact that "the blue _boar_" was the badge of the family through a pun on the Latin _verres_.

Aubrey was already the husband of Beatrice, the heiress of Guisnes, at the death of her grandfather Count Manasses (? 1139). He thereupon went to Flanders and became (says Lambart d'Ardes) Count of Guisnes. Returning to England, he sought and obtained from Stephen his wife's English inheritance and executed, as Mr. Stapleton observes, in his father's lifetime (_i.e._ before May, 1141), the charter printed in Morant's _Essex_ (ii. 506). Aubrey was divorced from Beatrice a few years later, when she married (between 1144 and 1146, thinks Mr. Stapleton) Baldwin d'Ardres, the claimant of Guisnes. Thus did Aubrey come to be for a time "Count of Guisnes," as recorded, according to Weever, on his tomb at Colne Priory.

Mr. Stapleton was unable to produce any English record or chronicle in which Aubrey is given the style of "Count of Guisnes." It is, therefore, with much satisfaction that I print, from the original charter, the following record, conclusively establishing that he actually had that style:—

COTT. CHART, xxi. 6.

"Ordingus dei gratia Abbas ecclesie sancti eadmundi Omnibus hominibus suis et amicis et fidelibus francis et anglis salutem. Sciatis me concessisse Alberico comiti Gisnensi per concessum totius conventus totum feudum et servitium Rogeri de Ver auunculi sui sicut tenet de honore sancti eadmundi uidelicet per seruitium unius militis et dimidii et totum feudum et seruitium Alani filii Frodonis sicut tenet de honore sancti eadmundi uidelicet per seruitium iii militum, et insuper singulis annis centum solidos ad pascha de camera mea. Hec omnia illi concedo in feudo et hereditate, ipsi et heredibus suis de ecclesia sancti eadmundi et de meis successoribus. Quare uolo et firmiter precipio quod idem Albericus comes Gisnensis et heredes sui jure hereditario teneant de ecclesia sancti eadmundi bene et honorifice hec supradicta omnia per seruitium quod supradiximus. Huius donationis sunt testes ex parte mea Willelmus prior Radulfus sacrista Gotscelinus et Eudo monachi Mauricius dapifer Gilebertus blundus Adam de cocef' Radulfus de lodn' Willelmus filius Ailb'. Helias de melef' Gauffridus frater eius. Ex parte comitis, Gauffridus de ver Robertus filius humfridi Robertus filius Ailr' Garinus filius Geroldi Hugo de ging' Albericus de capella Radulfus filius Adam Guarinus frater eius Radulfus de gisnes Gauffridus filius Humfridi Gauffridus Arsic Rodbertus de cocef' Radulfus carboneal et Hugo filius eius et plures alii."[591]

But, to return to Maud's charter, the point which I am anxious to emphasize is that of the formula she employs, namely, "do et concedo," as against the "sciatis me fecisse" of an original creation. I trace this distinction in later years, when her son, who had already, as we have seen, confirmed this charter to Aubrey, again confirmed it when king (1156), employing for that purpose the same formula: "Sciatis me dedisse et concessisse comiti Alberico." Conversely, in the case of Hugh Bigod, he employs the formula: "Sciatis me fecisse Hugonem Bigot comitem de Norfolca" (1155), this being an earldom of Stephen's creation, and, so far as we know, of his alone. This is a view which should be accepted with caution, but which has, if correct, an important bearing.

The very remarkable shifting clause as to the county of which the grantee should be earl requires separate notice. The axiom from which I start is this: When a feudatory was created an earl, he took if he could for his "comitatus" the county in which was situated the chief seat of his power, his "Caput Baroniæ." If this county had an earl already he then took the nearest county that remained available. Thus Norfolk fell to Bigod, Essex to Mandeville, Sussex to Albini, Derby to Ferrers, and so on. De Clare, the seat of whose power was in Suffolk, though closely adjoining Essex, took Herts, probably for the reason that Mandeville had already obtained Essex, while Bigod's province, being in truth the old earldom of the East Angles—"Comes de Estangle," as Henry of Huntingdon terms him,—took in Suffolk. So now, Aubrey de Vere probably selected Cambridgeshire as the nearest available county to his stronghold at Castle Hedingham.[592]

But the Empress, we see, promised it only on the strange condition that her uncle was not already in possession. I say "the strange condition," for one would surely have thought that she knew whether he was or not. Moreover, the dignity was then held not by her uncle, but by his son, and is described as the earldom of Huntingdon, never as the earldom of Cambridge. The first of these difficulties is explained by the fact that the King of Scots had, early in the reign, made over the earldom to his son Henry, to avoid becoming himself the "man" of the King of England. The second requires special notice.

We are taken back, by this provision, to the days before the Conquest. Mr. Freeman, in his erudite essay on _The Great Earldoms under Eadward_, has traced the shifting relations of the counties of Northamptonshire, Huntingdonshire, Cambridgeshire, and Northumberland. The point, however, which concerns us here is that, "under William," Earl Waltheof, "besides his great Northumbrian government, was certainly Earl of Northamptonshire (_Ord. Vit._, 522 C.), and of Huntingdonshire (_Will. Gem._, viii. 37)."[593] His daughter Matilda married twice, and between the heirs of these two marriages the contest for her father's inheritance was obstinate and long. Restricting ourselves to his southern province, with which alone we have here to deal, its western half, the county of Northampton, had at this time passed to Simon of St. Liz as the heir of the first marriage, while Huntingdon had conferred an earldom on Henry, the heir of her marriage with the Scottish king. The house of St. Liz, however, claimed the whole inheritance, and as the Earl of Huntingdon, of course, sided with his cousin, the Empress, Earl Simon of Northampton was the steadfast supporter, even in their darkest hours, of Stephen and his queen. Now, the question that arises is this: Was not Earl Henry's province Huntingdonshire _with_ Cambridgeshire? Mr. Freeman writes of Huntingdonshire, that "in 1051 we find it, together with Cambridgeshire, a shire still so closely connected with it as to have a common sheriff, detached altogether from Mercia," etc.[594] It is true that when the former county became "an outlying portion of the earldom of Northumberland," it does not, he observes, "appear that Cambridgeshire followed it in this last migration;"[595] but when we compare this earlier connection with that in the Pipe-Roll of 1130,[596] and with the fact that under another David of Scotland, this earldom, some seventy years later, appears as that of Huntingdon and Cambridge,[597] we shall find in this charter a connecting link, which favours the view that the two counties had, for comital purposes, formed one throughout. We have a notable parallel in the adjacent counties of Norfolk and Suffolk, which still formed one, the East Anglian earldom. Dorset and Somerset, too, which were under one sheriff, may have been also intended to form one earldom, for the Lord of Dunster is found both as Earl of "Dorset" and of "Somerset." I suspect also that the Ferrers earldom was, in truth, that of the joint shrievalty of Derbyshire and Notts, and that this is why the latter county was never made a separate earldom till the days of Richard II.

The doubt of the Empress must therefore be attributed to her anxiety not to invade the comital rights of her cousin, in case he should deem that her creation of an earldom of Cambridgeshire would constitute such invasion. It is evident, we shall find, that he did so. The accepted view is, it would appear, that Aubrey, by virtue of this charter, became Earl "of Cambridge."[598] Mr. Doyle, indeed, in his great work, goes so far as to state that he was "cr. Earl of CAMBRIDGE by the Empress Maud (after March 2) 1141; ... cr. Earl of OXFORD (_in exchange_) 1155."[599] But in Cole's (unpublished) transcript of the Colne Cartulary (fols. 34, 37), we have a charter of this Aubrey, "Pro animâ patris mei Alberici de Vere," which must have passed between 1141 and 1147, for it is attested by Robert, Bishop of London, appointed 1141, and Hugh, Abbot of Colchester, who died in 1147. In this charter his style is "Albericus Comes Oxeneford." Here, then, we have evidence that, in this reign, he was already Earl "of Oxford," not Earl of Cambridge.

Before quitting the subject of Aubrey's creation, we may note the bearing of the shifting clause on the creation of the earldom of Wiltshire. It implies that Patrick of Salisbury had not yet received his earldom. This conclusion is confirmed by a charter of the Empress tested at Devizes, which he witnesses merely as "Patricio de Sarum conestabulo."[600] The choice of Dorset is somewhat singular, as it suggests an intrusion on the Mohun earldom. But this rather shadowy dignity appears, during its brief existence, as an earldom of Somerset rather than of Dorset.

The specific grant of the "tertius denarius," as in the creation charters of the earldoms of Essex and of Hereford, should also be noticed.

The "Earl Gilbert" who is repeatedly mentioned in the course of this charter is Earl Gilbert "of Pembroke," maternal uncle to Aubrey. It is this relationship that, perhaps, accounts for the part he here plays.

Of the remaining features of interest in the record, attention may be directed to the phrase concerning the knights' fees of William de Helion: "Ut ipse Willelmus teneat de Comite Alberico, et ipse Comes faciat inde michi servitium;" also to the implied forfeiture of William Peverel of Nottingham, he having been made prisoner at Lincoln, fighting on Stephen's side. Lastly, the promise to the earl of the chancellorship for his brother William becomes full of interest when we know that this was the Canon of St. Osyth,[601] and that he was to be thus rewarded as being the clerical member of his house. It enables us further to identify in William, the existing chancellor, the brother of John (fitz Gilbert) the marshal.

We have now examined these two charters, parts, I would again insist, of one connected negotiation. What was its object? Nothing less, in my opinion, than a combined revolt in the Eastern Counties which should take Stephen in the rear, as soon as the arrival from Normandy of Geoffrey of Anjou and his son should give the signal for a renewal of the struggle, and a fresh advance upon London by the forces of the west country. Earl Geoffrey himself was now at the height of his power. If he were supported by Aubrey de Vere, and by Henry of Essex with Peter de Valoines (who are specially named in Geoffrey's charter), he would be virtually master of Essex. And if the restless Earl of the East Angles (p. 178 _supra_) would also join him, as eventually he did, while Bishop Nigel held Ely, Stephen would indeed be placed between two fires. I cannot but think that it is to the rumour of some such scheme as this that Stephen's panegyrist refers, when he tells us, the following year, that Geoffrey "had arranged to betray the realm into the hands of the Countess of Anjou, and that his intention to do so had been matter of common knowledge."[602]

I would urge that in the charters I have given above we find the key to this allusion, and that they, in their turn, are explained, and at the same time confirmed, by the existence of this concerted plot. We have now to trace the failure of the scheme, and to learn how it was that all came to nought.

Stephen's illness, to which, it may be remembered, I had attributed in part the inception of the scheme, only lasted till the middle of June. By the time that Robert of Gloucester had set forth to cross the Channel, Stephen was restored to health, and ready and eager for action.[603] Swift to seize on such an opportunity as he had never before obtained, he burst into the heart of the enemy's country and marched straight on Wareham. He found its defenders off their guard; the town was sacked and burnt, and the castle was quickly his.[604] The precautions of the Earl of Gloucester had thus been taken in vain, and the port he had secured for his return was now garrisoned by the king.

The effect of this brilliant stroke was to paralyze the party of the Empress. Her brother, who had left her with great reluctance, dreading the fickleness of the nobles, had made her assembled supporters swear that they would defend her in his absence, and had further taken with him hostages for their faithful behaviour.[605] He had also so strengthened her defences at Oxford that the city seemed almost impregnable.[606] Lastly, a series of outlying posts secured the communications of its defenders with the districts friendly to their cause.[607]

But Stephen, in the words of his panegyrist, had "awaked as one out of sleep." Summoning to his standard his friends and supporters, he marched on Gloucestershire itself, and appeared unexpectedly at Cirencester on the line of the enemy's communications. Its castle, taken by surprise, was burnt and razed to the ground. Then, completing the isolation of the Empress, by storming, as he advanced, other of her posts,[608] he arrived before the walls of Oxford on the 26th of September.[609] The forces of the Empress at once deployed on the left bank of the river. The action which followed was a curious anticipation of the struggle at Boyne Water (1690). The king, informed of the existence of a ford, boldly plunged into the water, and, half fording, half swimming, was one of the first to reach the shore. Instantly charging the enemy's line, he forced the portion opposed to him back towards the walls of the city, and when the bulk of his forces had followed him across, the whole line was put to flight, his victorious troops entering the gates pell-mell with the routed fugitives. The torch was as familiar as the sword to the soldier of the Norman age, and Oxford was quickly buried in a sheet of smoke and fire.[610] The castle, then of great strength, alone held out. From the summit of its mound the Empress must have witnessed the rout of her followers; within its walls she was now destined to stand a weary siege.

It is probable that Stephen's success at Oxford was in part owing to the desertion of the Empress by those who had sworn to defend her. For we read that they were led by shame to talk of advancing to her relief.[611] The project, however, came to nothing, and Earl Robert, hearing of the critical state of affairs, became eager to return to the assistance of his sister and her beleaguered followers.

Geoffrey of Anjou had, on various pretences, detained the earl in Normandy, instead of accepting his invitation and returning with him to England. But Robert's patience was now exhausted, and, bringing with him, instead of Geoffrey, the youthful Henry "fitz Empress," he sailed for England with a fleet of more than fifty ships. Such was the first visit to this land of the future Henry II., being then nine years and a half, not (as stated by Dr. Stubbs) eight years old.[612]

The earl made it a point of honour to recapture Wareham as his first step. He also hoped to create a diversion which might draw off the king from Oxford.[613] This was not bad strategy, for Stephen was deemed to be stronger behind the walls of Oxford than he would be in the open country. The position of affairs resembled, in fact, that at Winchester, the year before. But the two sides had changed places. As the Empress, in Winchester, had besieged Wolvesey, so now, in Oxford, Stephen did the same. It would, therefore, have been necessary to besiege him in turn as the Empress was besieged the year before. Well aware of the advantage he enjoyed, Stephen refused to be decoyed away, and allowed the castle of Wareham to fall into Robert's hands. The other posts in the neighbourhood were also secured by the earl, who then advanced to Cirencester, where he had summoned his friends to meet him. Thus strengthened, he was already marching to the relief of Oxford, when he received the news of his sister's perilous escape and flight. A close siege of three months had brought her to the extremity of want, and Stephen was pressing the attack with all the artillery of the time. A few days before Christmas, in a long and hard frost, when the snow was thick upon the ground, she was let down by ropes from the grim Norman tower, which commanded the approach to the castle on the side of the river. Clad in white from head to foot, and escorted by only three knights, she succeeded under cover of the darkness of night, and by the connivance of one of the besiegers' sentries, in passing through their lines undetected and crossing the frozen river. After journeying on foot for six miles, she reached the spot where horses were in waiting, and rode for Wallingford Castle, her still unconquered stronghold.[614]

On receiving the news of this event Robert changed his course, and proceeded to join his sister. In her joy at the return of her brother and the safe arrival of her son, the Empress forgot all her troubles. She was also in safety now, herself, behind the walls of Wallingford, the support of that town and its fidelity to her cause being gratefully acknowledged by her son on his eventual accession to the throne.[615]

But her husband had declined to come to her help; her city of Oxford was lost; her _prestige_ had suffered a final blow; the great combination scheme was at an end.

[504] He states that the Earl of Gloucester, on his release, "circa germanam sedulo apud Oxeneford mansitabat; quo loco, ut præfatus sum, illa sedem sibi constituens, curiam fecerat" (p. 754).

[505] He set sail "aliquanto post festum sancti Johannis" (_Will. Malms._, p. 765).

[506] See the dazzling description of his power given by the author of the _Gesta_, who speaks of him as one "qui omnes regni primates et divitiarum potentiâ et dignitatis excedebat opulentiâ; turrim quoque Londoniarum in manu, sed et castella inexpugnabilis fortitudinis circa civitatem constructa habebat, omnemque regni partem, quæ se regi subdiderat, ut ubique per regnum regis vices adimplens, et, in rebus agendis, rege avidius exaudiretur, et in præceptis injungendis, plus ei quam regi obtemperaretur" (p. 101). William of Newburgh, in the same spirit, speaks of him as "regi terribilis" (i. 44).

[507] See p. 160.

[508] "In totâ propemodum Angliâ sicut mortuus conclamaretur" (_ibid._).

[509] William of Malmesbury (_ut supra_) is the authority for 1142, and Henry of Huntingdon for 1136: "Ad Rogationes vero divulgatum est regem mortuum esse" (p. 259).

[510] "Jam ergo cœpit rabies prædicta Normannorum, perjurio et proditione pullulare" (_ibid._).

[511] It would seem to have been entered immediately after that charter to Miles of Gloucester which I have printed on p. 11, and which precedes it in the transcripts.

[512] _Lansdowne MS._ 259, fol. 66.

[513] "Archiepiscopis, etc." (Dug.).

[514] "suus" omitted (Dug.).

[515] "ejus" (Dug.).

[516] "tenuerunt" (Dug., Dods.).

[517] "subjectum" (Dods.).

[518] "Lundoniæ et Middlesexiæ" (Dug.).

[519] "Et ... tenuit" (Essex shrievalty) omitted by Dugdale (and, consequently, in his _Baronage_ also).

[520] Dodsworth transcript closes here.

[521] "illi" omitted by Dugdale.

[522] "quæ fuit" omitted by Dugdale.

[523] "per servicium militare" (wrongly, Dug.).

[524] "et" omitted by Dugdale.

[525] "centum libratas" (Dug.).

[526] Chreshall, _alias_ Christhall, Essex. Part of the honour of Boulogne. Was held by Count Eustace, at the Survey, in demesne. Stephen granted it to his own son William, who gave it to Richard de Luci.

[527] Bendish Hall, in Radwinter, Essex. Part of the honour of Boulogne. It was given by Stephen's son William to Faversham Abbey, Kent.

[528] This word is illegible. It baffled the transcriber in _Lansd. MS._ 259. Dugdale has "wiam." The right reading is "luiam," the river Lea being meant, as is proved by the Pipe-Roll of 14 Hen. II.

[529] William fitz Otwel, Earl Geoffrey's "brother," is referred to by Earl William (Geoffrey's son) as his uncle ("avunculus") in a charter confirming his grant of lands (thirty-three acres) in "Abi et Toresbi" to Greenfield Nunnery, Lincolnshire (_Harl. Cart._, 53, C, 50). He is also a witness, as "patruus meus," to a charter of Earl Geoffrey the younger (_Sloane Cart._, xxxii. 64), early in the reign of Henry II. He was clearly a "uterine" brother of Earl Geoffrey the elder, so that his father must have married William de Mandeville's widow—a fact unknown to genealogists.

[530] William de Sai had married Beatrice, sister (and, in her issue, heiress) of the earl, by whom he was ancestor of the second line of Mandeville, Earl of Essex. In the following year he joined the earl in his furious revolt against the king.

[531] This was William "Capra" (_Chévre_), whose family gave its name to the manor of "Chevers" in Mountnessing, county Essex. He was probably another brother-in-law of the earl, for I have seen a charter of Alice (_Adelid[is]_) Capra, in which she speaks of Geoffrey's son, Earl William, as her nephew ("nepos"). There is also a charter of a Geoffrey Capra and Mazelina (_sic_) his wife, which suggests that the name of Geoffrey may have come to the family from the earl. Thoby Priory, Essex, was founded (1141-1151) by Michael Capra, Roesia his wife, and William, their son. The founder speaks of Roger fitz Richard ("ex cujus munificentiâ mihi idem fundus pervenit"), who was the second husband (as I have elsewhere explained) of "Alice of Essex," _née_ de Vere, the sister of Earl Geoffrey's wife. A Michael Capra and a William Capra, holding respectively four and four and a half knights' fees, were feudal tenants of Walter fitz Robert (the lord of Dunmow) in 1166.

[532] William, son of Walter (Fitz Other) de Windsor, castellan of Windsor. In the Pipe-Roll of 31 Hen. I., he appears as in charge of Windsor Forest, for which he renders his account. It is probably to this charter rather than to any separate grant that Dugdale refers in his account of the family.

[533] This is an unusual name. As William de Say is mentioned just before, it may be noted that his son (Earl Geoffrey's nephew) promised (in 1150-1160) to grant to Ramsey Abbey "marcatam redditus ex quo adipisci poterit quadraginta marcatas de hereditate sua, scilicet de terra Roberti _de Rumele_" (_Chron. Ram._, p. 305). Mathew de Romeli, according to Dugdale, was the son of Robert de Romeli, lord of Skipton, by Cecily his wife. A Mathew de Romeli, with Alan his son, occur in a plea of 1236-7 (_Bracton's Note-Book_, ed. Maitland, iii. 189).

[534] Geoffrey de Tourville appears in 1130 as holding land in four counties (_Rot. Pip._, 31 Hen. I.).

[535] William de Ou (Auco) or Eu is returned in the _carta_ of the Earl of Essex (1166) as holding four fees of him.

[536] See Appendix Q, on "Osbertus Octodenarii."

[537] Dodsworth's transcript begins again here, and is continued down to "Belloc[ampo]."

[538] "Comes Herefordiæ" (Dug.).

[539] So also Dodsworth; but Dugdale wrongly extends: "Robertus filius Reginaldi." See p. 94, _n._ 4.

[540] Robert de Courci of Stoke (Courcy), Somerset. He figures in the Pipe-Roll of 31 Hen. I. As "Robert de Curci" he witnessed the Empress's charter creating the earldom of Hereford (July 25, 1141), and as "Robert de Curci Dapifer" her confirmation of the Earl of Devon's gift (_Mon. Aug._, v. 106; _Journ. B. A. A._, xxxi. 391), both of them passing at Oxford, the latter (probably) in 1142, subsequent to the above charter. He was slain at Counsylth, 1157.

[541] John Fitz Gilbert, marshal to the Empress, and brother, as the succeeding charter proves, to William, her chancellor. With his father, Gilbert the Marshal (_Mariscallus_), he was unsuccessfully impleaded, under Henry I., by Robert de Venoiz and William de Hastings, for the office of marshal (_Rot. Cart._, 1 John), and in 1130, as John the Marshal (_Mariscallus_), he appears as charged, with his relief, in Wiltshire, for his father's lands and office (_Rot. Pip._, 31 Hen. I.). He is mentioned among the "barons" on the side of the Empress at the siege of Winchester (_Gesta Stephani_), and he was, with Robert de Curcy, witness to her (Oxford) charter, which I assign in the last note to later in this year, as he also had been to her charter creating the earldom of Hereford (July 25, 1141). Subsequently, he witnessed the charter to the son of the Earl of Essex (_vide post_). He played some part in the next reign from his official connection with the Becket quarrel. See also p. 131.

[542] Miles de Beauchamp, son of Robert de Beauchamp, and nephew to Simon de Beauchamp, hereditary castellan of Bedford. In 1130 he appears in connection with Beds. and Bucks. (_Rot. Pip._, 31 Hen. I.). With his brother (_Salop Cartulary_) Payn de Beauchamp (who afterwards married Rohaise, the widow of this Geoffrey de Mandeville), he had held Bedford Castle against the king for five weeks from Christmas, 1137, as heir-male to his uncle, whose daughter and heir, with the Bedford barony, Stephen had conferred on Hugh _Pauper_, brother of his favourite, the Count of Meulan (_Ord. Vit._; _Gesta Steph._). Dugdale's account is singularly inaccurate. Simon, the uncle, must have been living in the spring of 1136, for he then witnessed, as a royal _dapifer_, Stephen's great (Oxford) charter.

[543] See p. 94, _n._ 2.

[544] Robert de Oilli the second, castellan of Oxford, and constable. Founder of Osney Priory. He appears in the Pipe-Roll of 31 Hen. I., and had witnessed, as a royal _constabularius_, Stephen's great (Oxford) charter of 1136, but had embraced the cause of the Empress in 1141 (see p. 66). He witnessed five others of the Empress's charters, all of which passed at Oxford (_Journ. B. A. A._, xxxi. 391, 392, 396, 397).

[545] See p. 95, note 1.

[546] Dodsworth's transcript recommences and is continued to the end.

[547] "Ibidem" (Dods., wrongly).

[548] "Ijdem" (Dods., wrongly).

[549] "Meduana" (Dug., rightly).

"Johelus de Meduanâ" (Juhel of Mayenne) figures in the Pipe-Roll of 31 Hen. I. as holding land in Devonshire. At the commencement of Stephen's reign, Geoffrey of Anjou had entrusted him with three of the castles he had captured in Normandy, on condition of receiving his support (_R. of Torigni_).

[550] Guy de Sablé had accompanied the Empress to England in the autumn of 1139 (_Ord. Vit._, v. 121).

[551] Clairvaux was a castle in Anjou. Payn de Clairvaux (_de Claris vallibus_) had, in 1130, and for some time previously, been fermor of Hastings, in Sussex (_Rot. Pip._, 31 Hen. I. p. 42). Later on, in Stephen's reign, he appears at Caen, witnessing a charter of Geoffrey, Duke of Normandy (Bayeux _Liber Niger_).

[552] "Alvia" (Dug.).

[553] Or "Rumard." Dugdale has "Rumard."

[554] "Valoniis" (Dug.).

Peter de Valoines. The occurrence of this great Hertfordshire baron is of special interest, because we have seen the Empress granting a charter to his father, Roger, in 1141. It is probable, therefore, that Roger had died in the interval. Peter himself died before 1166, when his younger brother, Robert, had succeeded him. His widow, Gundred (de Warrenne), was then living.

[555] "Comiti ... meis." Dodsworth has only "Com etc."

[556] "cum sigillo" (Dods.).

[557] The clause certainly favours the belief that a relationship existed, but it was probably collateral, instead of lineal.

[558] "Possessiones omnes ad ecclesiam pertinentes, castellum quoque de Storteford in sua dominatione recepit" (_Rad. de Diceto_, i. 250).

[559] This negotiation between the Empress and Geoffrey should be compared with that between her and the legate in the spring of the preceding year. Each illustrates the other. In the latter case the expression used is, "Juravit et _affidavit_ imperatrix episcopo quod," etc. In the former, the empress is made to say, "Hanc autem convencionem et donacionem tenendam _affidavi_," etc. But the striking point of resemblance is that in each case her leading followers are made to take part in the pledge of performance. At Winchester, we read in William of Malmesbury, "Idem juraverunt cum ea, et affidaverunt pro eâ, Robertus frater ejus comes de Gloecestrâ, et Brianus filius comitis marchio de Walingeford, et Milo de Gloecestriâ, postea comes de Hereford, et nonnulli alii" (see p. 58). At Oxford, we read in these charters, "Et hujus fiduciæ sunt obsides per fidem et Testes, Robertus comes Gloecestrie, et Milo comes Herefordie, et Brianus filius comitis et," etc. So close a parallel further confirms the genuineness of these charters.

Another remarkable document illustrative of this negotiation is the alliance ("Confederatio amoris") between the Earls of Hereford and Gloucester (see Appendix S). Each earl there "affidavit et juravit" to the other, and each named certain of his followers as his "obsides per fidem"—the very phrase here used. See also p. 385, _n._ 3.

[560] That these securities were modelled on the practice of contracting sovereign powers is seen on comparing them with the treaty between Henry I. and the Count of Flanders (see Appendix S). But most to the point is the treaty between King Stephen and Duke Henry, where the clause for securing the "conventiones" runs:—"Archiepiscopi vero et episcopi ab utraque parte in manu ceperunt quod si quis nostrum a predictis conventionibus recederet, tam diu eum ecclesiastica justicia coercebunt, quousque errata corrigat et ad predictam pactionem observandam redeat. Mater etiam Ducis et ejus uxor et fratres ipsius Ducis et omnes sui quos ad hoc applicare poterit, hæc assecurabunt."

[561] We may perhaps compare the oath taken by the French king some years before, to secure the charter ("Keure") granted to St. Omer by William, Count of Flanders (April 14, 1127):—"Hanc igitur Communionem tenendam, has supradictas consuetudines et conventiones esse observandas fide promiserunt et sacramento confirmaverunt Ludovicus rex Francorum, Guillelmus Comes Flandriæ," etc., etc.

[562] See Appendix T, on "Affidatio in manu."

[563] See Appendix U: "The Families of Mandeville and De Vere."

[564] _Add. MSS._, 31,943, fols. 86 _b_, 99, 116 _b_.

[565] It is headed "Pro Comite Oxoniæ Carta Matildæ Imperatricis confirmata," and it confirms the grants made by her "prout per cartam illam (_i.e._ Matildæ) plenius liquet."

[566] See Appendix V, on "William of Arques."

[567] _i.e._ escambio.

[568] Of Helions in Bumsted Helion, Essex, the other portion of the parish, viz. Bumsted Hall, being, at and from the Survey, a portion of the De Vere fief. These his ten fees duly figure in the _Liber Niger_.

[569] Dedham, Essex.

[570] They were named, I presume, from the castle of Rames, adjoining the forest of Lillebonne.

[571] This would seem to imply that Roger de Ramis had married a sister of Aubrey de Vere. See Appendix X: "Roger de Ramis."

[572] Grey's Thurrock, in South Essex, being that portion of it which had been held by William Peverel at the Survey.

[573] Query, the "Salamon clericus de Sudwic" (Northants) of the Pipe-Roll of 31 Hen. I. (p. 85)?

[574] This was not Tilbury on the Thames, but Tilbury (Essex) near Clare, as is proved by _Liber Niger_ (p. 393), where this land of Salamon proves to be part of the honour of Boulogne, held as a fifth of a knight's fee.

[575] See Appendix R: "The Forest of Essex."

[576] Geoffrey Talbot appears in the Pipe-Roll of 31 Henry I. as paying two hundred marks of silver for his father's land in Kent (p. 67). As "Agnes Vxor Gaufredi Talebot" is charged, at the same time, "pro dote et maritagio suo" (_ibid._), it would seem that our Geoffrey had a father of the same name. We learn from the _Liber Niger_ (i. 58) that at the death of Henry I. (1135) he held twenty knights' fees in Kent.

[577] "Rogeri" in MS.

[578] Or "Rumard."

[579] _Rectius_ Petr[us].

[580] "Ex libro quodam pervetusto in pergamena manuscripto in custodia Henrici Vere nunc Comitis Oxoniæ, et mihi per Capitan: Skipwith, mutuato 21 April, 1622."

[581] See Appendix Y.

[582] As "turrim de Colcestr' et castellum" for "turrim et castellum de Colcestr'." The only difference of any importance is that Dugdale reads "Albenejo" in this charter, where he has "Albrincis" in that of the Empress.

[583] I may perhaps be permitted to refer to my own discovery, in a stable loft, of a document bearing the seal of the King-maker, and bearing his rare autograph, which antiquaries had lost sight of since the days of Camden.

[584] Mr. Eyton must have strangely overlooked this charter, for he begins his series of Henry's charters in 1149.

[585] "Inga" in Dugdale's transcript, and rightly so, for we find this same Hugh, as "Hugo de Ging'," a witness to a charter on behalf of Earl Aubrey, about this time (_infra_, p. 190). There were several places in Essex named "Ging" _alias_ "Ing."

[586] Compare the famous Lewes charter of William de Warenne, Earl of Surrey, said (if genuine) to be the earliest allusion to a peerage creation. There the earl speaks of William Rufus, "qui me Surreæ comitem _fecit_."

[587] _Abingdon Cartulary_, ii. 179.

[588] It should, however, be observed that in this same charter she refers to Earl Gilbert (of Pembroke) and Earl Hugh (of Norfolk) by their comital style, though, so far as we know, they were earls of Stephen's creation alone. But such a reference as this is very different from the style formally given in a charter of creation.

[589] _Archæologia_, vol. xxxi.

[590] "Its date is subsequent to the 25th of July, 1141, when the Empress created Milo de Gloucester Earl of Hereford at Oxford, who has this title in the charter, and, from its having been given at Oxford, there can be little doubt that it was contemporaneous with that creation, and certainly prior to the siege of Winchester in the month of August following" (_ibid._, pp. 231, 232).

[591] Of these witnesses "ex parte comitis," Geoffrey de Ver held half a knight's fee of him, Robert fitz Humfrey held one, Robert fitz "Ailric" one, Ralph fitz Adam a quarter, Ralph de Guisnes one, Geoffrey Arsic two, Robert de Cocefeld three, Ralph Carbonel one and a half. Hugh de Ging' was the "Hugo de Inga" who acted as proxy (_vide supra_) at Henry's confirmation of his mother's charter. This charter has an independent value for its bearing on knights' fees. See also Addenda.

[592] At the same time, we must remember that he held a considerable fief in Cambridgeshire (see Domesday), which, if he could not have Essex, might lead him to select that county.

[593] _Norm. Conq._, ii. 559.

[594] _Ibid._

[595] _Norm. Conq._, ii. 559.

[596] Where they form one shrievalty with one _firma_, though the county of Surrey as well is inexplicably combined with them.

[597] And the "tertius denarius" of Cambridgeshire was actually held by its earl (1205).

[598] Stubbs, _Const. Hist._, i. 362, _note_.

[599] _Official Baronage_, i. 291.

[600] _Mon. Ang._, v. 440; _Journ. B. A. A._, xxxi. 392. This conclusion reveals a further error in the _Histoire de Guillaume le Maréchal_, which gives a very incomprehensible account of this Patrick's action.

[601] See Appendix U.

[602] "Regnum, ut in ore jam vulgi celebre fuerat, comitissæ Andegavensi conferre disposuerat" (_Gesta Stephani_, p. 101). This very remarkable incidental allusion should be compared with that in which Henry of Huntingdon justifies the earl's arrest by Stephen: "Nisi enim hoc egisset, perfidio consulis illius regno privatus fuisset" (p. 276).

[603] "Duravit improspera valetudo usque post Pentecostem (June 7); tum enim sensim refusus salutis vigor eum in pedes erexit" (_Will. Malms._, p. 763).

[604] "Rex ... comitis absentiam aucupatus, subito ad Waram veniens, et non bene munitum propugnatoribus offendens, succensa et depredata villa, statim etiam castello potitus est" (_ibid._, p. 766).

[605] "Obsides poposcit sigillatim ab his qui optimates videbantur, secum in Normannia ducendos, vadesque futuros tam comiti Andegavensi quam imperatrici quod omnes, junctis umbonibus ab ea, dum ipse abesset, injurias propulsarent, viribus suis apud Oxeneford manentes" (_Will. Malms._, p. 764). The phrase "junctis umbonibus" revives memories of the shield-wall. See also Appendix S.

[606] "Civitatem ... ita comes Gloecestrie fossatis munierat, ut inexpugnabilis præter per incendium videretur" (_ibid._, p. 766).

[607] _Gesta_, pp. 87, 88.

[608] _Gesta_, p. 88.

[609] "Tribus diebus ante festum Sancti Michaelis" (_Will. Malms._, p. 766).

[610] See the brilliant description of this action in the _Gesta Stephani_, pp. 88, 89.

[611] "Mox igitur optimates quidem omnes imperatricis, confusi quia a domina sua præter statutum abfuerant, confertis cuneis ad Walengeford convenerunt," etc. (_Will. Malms._, p. 766).

[612] Dr. Stubbs has erroneously placed his landing in 1141 instead of in the autumn of 1142. See Appendix Y, on "The First and Second Visits of Henry II. to England."

[613] _Will. Malms._, pp. 767, 768.

[614] See, for the story of her romantic escape, the _Gesta Stephani_ (pp. 89, 90), _William of Malmesbury_ (pp. 768, 769), _John of Hexham_ (_Sym. Dun._, ii. 317), _William of Newburgh_ (i. 43), and the _Anglo-Saxon Chronicle_ (p. 384). This last is of special value for its mention of her escape from the tower of the castle. It states that Stephen "besæt hire in the tur," and that she was on the night of her escape let down by ropes from the tower ("me læt hire dun on niht of the tur mid rapes"). It is difficult to see how this can mean anything else than that she was lowered to the ground from the existing tower, instead of leaving by a gate.

[615] See his charter to Wallingford (printed in Hearne's _Liber Niger_ (1771), pp. 817, 818), in which he grants privileges "pro servitio et labore magno quem pro me sustinuerunt in acquisitione hereditarii juris mei in Anglia."