CHAPTER I.

Transcriber's Note

Obvious printer errors have been corrected. Hyphenation has been

rationalised. Inconsistent spelling (including accents and capitals) has

been retained. Not all accents display properly in all applications.

Small capitals have been replaced by full capitals. Italics are

indicated by _underscores_. Text in multiple columns has been rearranged

into single columns.

The sidenotes in Chapter 4 have been transferred to the text, and are

bracketed by ►pointers◄. Genealogical tables in Appendices K and U have

been split into two in order to reduce their widh.

Some references to years are encased in square brackets, as for example

[1136]. To avoid confusion with the numbered footnotes, these references

have instead been encased in rounded brackets.

GEOFFREY DE MANDEVILLE

[Illustration:

FACSIMILE OF CHARTER CREATING GEOFFREY DE MANDEVILLE EARL OF ESSEX.

_See p._ 51.]

GEOFFREY DE MANDEVILLE

_A STUDY OF THE ANARCHY_

BY

J. H. ROUND, M.A.

AUTHOR OF "THE EARLY LIFE OF ANNE BOLEYN: A CRITICAL ESSAY"

"Anno incarnationis Dominicæ millesimo centesimo quadragesimo primo

inextricabilem labyrinthum rerum et negotiorum quæ acciderunt in Anglia

aggredior evolvere."—_William of Malmesbury_

LONDON

LONGMANS, GREEN, & CO.

AND NEW YORK: 15 EAST 16ᵗʰ STREET

1892

_All rights reserved_

PREFACE

"The reign of Stephen," in the words of our greatest living historian,

"is one of the most important in our whole history, as exemplifying the

working of causes and principles which had no other opportunity of

exhibiting their real tendencies." To illustrate in detail the working

of those principles to which the Bishop of Oxford thus refers, is the

chief object I have set before myself in these pages. For this purpose I

have chosen, to form the basis of my narrative, the career of Geoffrey

de Mandeville, as the most perfect and typical presentment of the feudal

and anarchic spirit that stamps the reign of Stephen. By fixing our

glance upon one man, and by tracing his policy and its fruits, it is

possible to gain a clearer perception of the true tendencies at work,

and to obtain a firmer grasp of the essential principles involved. But,

while availing myself of Geoffrey's career to give unity to my theme, I

have not scrupled to introduce, from all available sources, any

materials bearing on the period known as the Anarchy, or illustrating

the points raised by the charters with which I deal.

The headings of my chapters express a fact upon which I cannot too

strongly insist, namely, that the charters granted to Geoffrey are the

very backbone of my work. By those charters it must stand or fall: for

on their relation and their evidence the whole narrative is built. If

the evidence of these documents is accepted, and the relation I have

assigned to them established, it will, I trust, encourage the study of

charters and their evidence, "as enabling the student both to amplify

and to check such scanty knowledge as we now possess of the times to

which they relate."[1] It will also result in the contribution of some

new facts to English history, and break, as it were, by the wayside, a

few stones towards the road on which future historians will travel.

Among the subjects on which I shall endeavour to throw some fresh light

are problems of constitutional and institutional interest, such as the

title to the English Crown, the origin and character of earldoms

(especially the earldom of Arundel), the development of the fiscal

system, and the early administration of London. I would also invite

attention to such points as the appeal of the Empress to Rome in 1136,

her intended coronation at Westminster in 1141, the unknown Oxford

intrigue of 1142, the new theory on Norman castles suggested by

Geoffrey's charters, and the genealogical discoveries in the Appendix on

Gervase de Cornhill. The prominent part that the Earl of Gloucester

played in the events of which I write may justify the inclusion of an

essay on the creation of his historic earldom, which has, in the main,

already appeared in another quarter.

In the words of Mr. Eyton, "the dispersion of error is the first step in

the discovery of truth."[2] Cordially adopting this maxim, I have

endeavoured throughout to correct errors and dispose of existing

misconceptions. To "dare to be accurate" is, as Mr. Freeman so often

reminds us, neither popular nor pleasant. It is easier to prophesy

smooth things, and to accept without question the errors of others, in

the spirit of mutual admiration. But I would repeat that "boast as we

may of the achievements of our new scientific school, we are still, as I

have urged, behind the Germans, so far, at least, as accuracy is

concerned." If my criticism be deemed harsh, I may plead with Newman

that, in controversy, "I have ever felt from experience that no one

would believe me to be in earnest if I spoke calmly." The public is slow

to believe that writers who have gained its ear are themselves often in

error and, by the weight of their authority, lead others astray. At the

same time, I would earnestly insist that if, in the light of new

evidence, I have found myself compelled to differ from the conclusions

even of Dr. Stubbs, it in no way impeaches the accuracy of that

unrivalled scholar, the profundity of whose learning and the soundness

of whose judgment can only be appreciated by those who have followed him

in the same field.

The ill-health which has so long postponed the completion and appearance

of this work is responsible for some shortcomings of which no one is

more conscious than myself. It has been necessary to correct the

proof-sheets at a distance from works of reference, and indeed from

England, while the length of time that has elapsed since the bulk of the

work was composed is such that two or three new books bearing upon the

same period have appeared in the mean while. Of these I would specially

mention Mr. Howlett's contributions to the Rolls Series, and Miss

Norgate's well-known _England under the Angevin Kings_. Mr. Howlett's

knowledge of the period, and especially of its MS. authorities, is of a

quite exceptional character, while Miss Norgate's useful and painstaking

work, which enjoys the advantage of a style that one cannot hope to

rival, is a most welcome addition to our historical literature. To Dr.

Stubbs, also, we are indebted for a new edition of William of

Malmesbury. As I had employed for that chronicler and for the _Gesta

Stephani_ the English Historical Society's editions, my references are

made to them, except where they are specially assigned to those editions

by Dr. Stubbs and Mr. Howlett which have since appeared.

A few points of detail should, perhaps, be mentioned. The text of

transcripts has been scrupulously preserved, even where it seemed

corrupt; and all my extensions as to which any possible question could

arise are enclosed in square brackets. The so-called "new style" has

been adhered to throughout: that is to say, the dates given are those of

the true historical year, irrespective of the wholly artificial

reckoning from March 25. The form "fitz," denounced by purists, has been

retained as a necessary convention, the admirable _Calendar of Patent

Rolls_, now in course of publication, having demonstrated the

impossibility of devising a satisfactory substitute. As to the spelling

of Christian names, no attempt has been made to produce that pedantic

uniformity which, in the twelfth century, was unknown. It is hoped that

the index may be found serviceable and complete. The allusions to "the

lost volume of the Great Coucher" (of the duchy of Lancaster) are based

on references to that compilation by seventeenth-century transcribers,

which cannot be identified in the volumes now preserved. It is to be

feared that the volume most in request among antiquaries may, in those

days, have been "lent out" (cf. p. 183), with the usual result. I am

anxious to call attention to its existence in the hope of its ultimate

recovery.

There remains the pleasant task of tendering my thanks to Mr. Hubert

Hall, of H.M.'s Public Record Office, and Mr. F. Bickley, of the MS.

Department, British Museum, for their invariable courtesy and assistance

in the course of my researches. To Mr. Douglass Round I am indebted for

several useful suggestions, and for much valuable help in passing these

pages through the press.

J. H. ROUND.

PAU,

_Christmas_, 1891.

[1] Preface to my _Ancient Charters_ (Pipe-Roll Society).

[2] _Staffordshire Survey_, p. 277.

CONTENTS

PAGE

CHAPTER I.

THE ACCESSION OF STEPHEN 1

CHAPTER II.

THE FIRST CHARTER OF THE KING 37

CHAPTER III.

TRIUMPH OF THE EMPRESS 55

CHAPTER IV.

THE FIRST CHARTER OF THE EMPRESS 81

CHAPTER V.

THE LOST CHARTER OF THE QUEEN 114

CHAPTER VI.

THE ROUT OF WINCHESTER 123

CHAPTER VII.

THE SECOND CHARTER OF THE KING 136

CHAPTER VIII.

THE SECOND CHARTER OF THE EMPRESS 163

CHAPTER IX.

FALL AND DEATH OF GEOFFREY 201

CHAPTER X.

THE EARLDOM OF ESSEX 227

APPENDICES.

A. STEPHEN'S TREATY WITH THE LONDONERS 247

B. THE APPEAL TO ROME IN 1136 250

C. THE EASTER COURT OF 1136 262

D. THE "FISCAL" EARLS 267

E. THE ARRIVAL OF THE EMPRESS 278

F. THE DEFECTION OF MILES OF GLOUCESTER 284

G. CHARTER OF THE EMPRESS TO ROGER DE VALOINES 286

H. THE "TERTIUS DENARIUS" 287

I. "VICECOMITES" AND "CUSTODES" 297

J. THE GREAT SEAL OF THE EMPRESS 299

K. GERVASE DE CORNHILL 304

L. CHARTER OF THE EMPRESS TO WILLIAM DE BEAUCHAMP 313

M. THE EARLDOM OF ARUNDEL 316

N. ROBERT DE VERE 326

O. "TOWER" AND "CASTLE" 328

P. THE EARLY ADMINISTRATION OF LONDON 347

Q. OSBERTUS OCTODENARII 374

R. THE FOREST OF ESSEX 376

S. THE TREATY OF ALLIANCE BETWEEN THE EARLS OF HEREFORD AND

GLOUCESTER 379

T. "AFFIDATIO IN MANU" 384

U. THE FAMILIES OF MANDEVILLE AND DE VERE 388

V. WILLIAM OF ARQUES 397

X. ROGER "DE RAMIS" 399

Y. THE FIRST AND SECOND VISITS OF HENRY II. TO ENGLAND 405

Z. BISHOP NIGEL AT ROME 411

AA. "TENSERIE" 414

BB. THE EMPRESS'S CHARTER TO GEOFFREY RIDEL 417

EXCURSUS.

THE CREATION OF THE EARLDOM OF GLOUCESTER 420

ADDENDA 437

INDEX 441

CHAPTER I.

THE ACCESSION OF STEPHEN.

Before approaching that struggle between King Stephen and his rival, the

Empress Maud, with which this work is mainly concerned, it is desirable

to examine the peculiar conditions of Stephen's accession to the crown,

determining, as they did, his position as king, and supplying, we shall

find, the master-key to the anomalous character of his reign.

The actual facts of the case are happily beyond question. From the

moment of his uncle's death, as Dr. Stubbs truly observes, "the

succession was treated as an open question."[3] Stephen, quick to see

his chance, made a bold stroke for the crown. The wind was in his

favour, and, with a handful of comrades, he landed on the shores of

Kent.[4] His first reception was not encouraging: Dover refused him

admission, and Canterbury closed her gates.[5] On this Dr. Stubbs thus

comments:—

"At Dover and at Canterbury he was received with sullen silence. The

men of Kent had no love for the stranger who came, as his predecessor

Eustace had done, to trouble the land."[6]

But "the men of Kent" were faithful to Stephen, when all others forsook

him, and, remembering this, one would hardly expect to find in them his

chief opponents. Nor, indeed, were they. Our great historian, when he

wrote thus, must, I venture to think, have overlooked the passage in

Ordericus (v. 110), from which we learn, incidentally, that Canterbury

and Dover were among those fortresses which the Earl of Gloucester held

by his father's gift.[7] It is, therefore, not surprising that Stephen

should have met with this reception at the hands of the lieutenants of

his arch-rival. It might, indeed, be thought that the prescient king had

of set purpose placed these keys of the road to London in the hands of

one whom he could trust to uphold his cherished scheme.[8]

Stephen, undiscouraged by these incidents, pushed on rapidly to London.

The news of his approach had gone before him, and the citizens flocked

to meet him. By them, as is well known, he was promptly chosen to be

king, on the plea that a king was needed to fill the vacant throne, and

that the right to elect one was specially vested in themselves.[9] The

point, however, that I would here insist on, for it seems to have been

scarcely noticed, is that this election appears to have been essentially

conditional, and to have been preceded by an agreement with the

citizens.[10] The bearing of this will be shown below.

There is another noteworthy point which would seem to have escaped

observation. It is distinctly implied by William of Malmesbury that the

primate, seizing his opportunity, on Stephen's appearance in London, had

extorted from him, as a preliminary to his recognition, as Maurice had

done from Henry at his coronation, and as Henry of Winchester was,

later, to do in the case of the Empress, an oath to restore the Church

her "liberty," a phrase of which the meaning is well known. Stephen, he

adds, on reaching Winchester, was released from this oath by his

brother, who himself "went bail" (made himself responsible) for

Stephen's satisfactory behaviour to the Church.[11] It is, surely, to

this incident that Henry so pointedly alludes in his speech at the

election of the Empress.[12] It can only, I think, be explained on the

hypothesis that Stephen chafed beneath the oath he had taken, and begged

his brother to set him free. If so, the attempt was vain, for he had, we

shall find, to bind himself anew on the occasion of his Oxford

charter.[13]

At Winchester the citizens, headed by their bishop, came forth from the

city to greet him, but this reception must not be confused (as it is by

Mr. Freeman) with his election by the citizens of London.[14] His

brother, needless to say, met him with an eager welcome, and the main

object of his visit was attained when William de Pont de l'Arche, who

had shrunk, till his arrival, from embracing his cause, now, in concert

with the head of the administration, Roger, Bishop of Salisbury, placed

at his disposal the royal castle, with the treasury and all that it

contained.[15]

Thus strengthened, he returned to London for coronation at the hands of

the primate. Dr. Stubbs observes that "he returned to London for _formal

election_ and coronation."[16] His authority for that statement is

Gervase (i. 94), who certainly asserts it distinctly.[17] But it will be

found that he, who was not a contemporary, is the only authority for

this second election, and, moreover, that he ignores the first, as well

as the visit to Winchester, thus mixing up the two episodes, between

which that visit intervened. Of course this opens the wider question as

to whether the actual election, in such cases, took place at the

coronation itself or on a previous occasion. This may, perhaps, be a

matter of opinion; but in the preceding instance, that of Henry I., the

election was admittedly that which took place at Winchester, and was

previous to and unconnected with the actual coronation itself.[18] From

this point of view, the presentation of the king to the people at his

coronation would assume the aspect of a ratification of the election

previously conducted. The point is here chiefly of importance as

affecting the validity of Stephen's election. If his only election was

that which the citizens of London conducted, it was, to say the least,

"informally transacted."[19] Nor was the attendance of magnates at the

ceremony such as to improve its character. It was, as Dr. Stubbs truly

says, "but a poor substitute for the great councils which had attended

the summons of William and Henry."[20] The chroniclers are here

unsatisfactory. Henry of Huntingdon is rhetorical and vague; John of

Hexham leaves us little wiser;[21] the Continuator of Florence indeed

states that Stephen, when crowned, kept his Christmas court "cum totius

Angliæ primoribus" (p. 95), but even the author of the _Gesta_ implies

that the primate's scruples were largely due to the paucity of magnates

present.[22] William of Malmesbury alone is precise,[23] possibly

because an adversary of Stephen could alone afford to be so, and his

testimony, we shall find, is singularly confirmed by independent charter

evidence (p. 11).

It was at this stage that an attempt was made to dispel the scruples

caused by Stephen's breach of his oath to the late king. The hint, in

the _Gesta_, that Henry, on his deathbed, had repented of his act in

extorting that oath,[24] is amplified by Gervase into a story that he

had released his barons from its bond,[25] while Ralph "de Diceto"

represents the assertion as nothing less than that the late king had

actually disinherited the Empress, and made Stephen his heir in her

stead.[26] It should be noticed that these last two writers, in their

statement that this story was proved by Hugh Bigod on oath, are

confirmed by the independent evidence of the _Historia Pontificalis_.[27]

The importance of securing, as quickly as possible, the performance of

the ceremony of coronation is well brought out by the author of the

_Gesta_ in the arguments of Stephen's friends when combating the

primate's scruples. They urged that it would _ipso facto_ put an end to

all question as to the validity of his election.[28] The advantage, in

short, of "snatching" a coronation was that, in the language of modern

diplomacy, of securing a _fait accompli_. Election was a matter of

opinion; coronation a matter of fact. Or, to employ another expression,

it was the "outward and visible sign" that a king had begun his reign.

Its important bearing is well seen in the case of the Conqueror himself.

Dr. Stubbs observes, with his usual judgment, that "the ceremony was

understood as bestowing the divine ratification on the election that had

preceded it."[29] Now, the fact that the performance of this essential

ceremony was, of course, wholly in the hands of the Church, in whose

power, therefore, it always was to perform or to withhold it at its

pleasure, appears to me to have naturally led to the growing assumption

that we now meet with, the claim, based on a confusion of the ceremony

with the actual election itself, that it was for the Church to elect the

king. This claim, which in the case of Stephen (1136) seems to have been

only inchoate,[30] appears at the time of his capture (1141) in a fully

developed form,[31] the circumstances of the time having enabled the

Church to increase its power in the State with perhaps unexampled

rapidity.

May it not have been this development, together with his own experience,

that led Stephen to press for the coronation of his son Eustace in his

lifetime (1152)? In this attempted innovation he was, indeed, defeated

by the Church, but the lesson was not lost. Henry I., unlike his

contemporaries, had never taken this precaution, and Henry II., warned

by his example, succeeded in obtaining the coronation of his heir (1170)

in the teeth of Becket's endeavours to forbid the act, and so to uphold

the veto of the Church.

Prevailed upon, at length, to perform the ceremony, the primate seized

the opportunity of extorting from the eager king (besides a charter of

liberties) a renewal of his former oath to protect the rights of the

Church. The oath which Henry had sworn at his coronation, and which Maud

had to swear at her election, Stephen had to swear, it seems, at both,

though not till the Oxford charter was it committed, in his case, to

writing.[32]

We now approach an episode unknown to all our historians.[33]

The Empress, on her side, had not been idle; she had despatched an envoy

to the papal court, in the person of the Bishop of Angers, to appeal her

rival of (1) defrauding her of her right, and (2) breach of his solemn

oath. Had this been known to Mr. Freeman, he would, it is safe to

assert, have been fascinated by the really singular coincidence between

the circumstances of 1136 and of 1066. In each case, of the rivals for

the throne, the one based his pretensions on (1) kinship, fortified by

(2) an oath to secure his succession, which had been taken by his

opponent himself; while the other rested his claims on election duly

followed by coronation. In each case the election was fairly open to

question; in Harold's, because (_pace_ Mr. Freeman) he was _not_ a

legitimate candidate; in Stephen's, because, though a qualified

candidate, his election had been most informal. In each case the ousted

claimant appealed to the papal court, and, in each case, on the same

grounds, viz. (1) the kinship, (2) the broken oath. In each case the

successful party was opposed by a particular cardinal, a fact which we

learn, in each case, from later and incidental mention. And in each case

that cardinal became, afterwards, pope. But here the parallel ends.

Stephen accepted, where Harold had (so far as we know) rejected, the

jurisdiction of the Court of Rome. We may assign this difference to the

closer connection between Rome and England in Stephen's day, or we may

see in it proof that Stephen was the more politic of the two. For his

action was justified by its success. There has been, on this point, no

small misconception. Harold has been praised for possessing, and Stephen

blamed for lacking, a sense of his kingly dignity. But _læsio fidei_ was

essentially a matter for courts Christian, and thus for the highest of

them all, at Rome. Again, inheritance, so far as inheritance affected

the question, was brought in many ways within the purview of the courts

Christian, as, for instance, in the case of the alleged illegitimacy of

Maud. Moreover, in 1136, the pope, though circumstances played into his

hands, advanced no such pretension as his successor in the days of John.

His attitude was not that of an overlord to a dependent fief: he made no

claim to dispose of the realm of England. Sitting as judge in a

spiritual court, he listened to the charges brought by Maud against

Stephen in his personal capacity, and, without formally acquitting him,

declined to pronounce him guilty.

Though the king was pleased to describe the papal letter which followed

as a "confirmation" of his right to the throne, it was, strictly,

nothing of the kind. It was simply, in the language of modern diplomacy,

his "recognition" by the pope as king. If Ferdinand, elected Prince of

Bulgaria, were to be recognized as such by a foreign power, that action

would neither alter his status relatively to any other power, nor would

it imply the least claim to dispose of the Bulgarian crown. Or, again,

to take a mediæval illustration, the recognition as pope by an English

king of one of two rival claimants for the papacy would neither affect

any other king, nor constitute a claim to dispose of the papal tiara.

Stephen, however, was naturally eager to make the most of the papal

action, especially when he found in his oath to the Empress the most

formidable obstacle to his acceptance. The sanction of the Church would

silence the reproach that he was occupying the throne as a perjured man.

Hence the clause in his Oxford charter. To the advantage which this

letter gave him Stephen shrewdly clung, and when Geoffrey summoned him,

in later years, "to an investigation of his claims before the papal

court," he promptly retorted that Rome had already heard the case.[34]

He turned, in fact, the tables on his appellant by calling on Geoffrey

to justify his occupation of the Duchy and of the Western counties in

the teeth of the papal confirmation of his own right to the throne.

We now pass from Westminster to Reading, whither, after Christmas,

Stephen proceeded, to attend his uncle's funeral.[35] The corpse, says

the Continuator, was attended "non modica stipatus nobilium catervâ."

The meeting of Stephen with these nobles is an episode of considerable

importance. "It is probable," says Dr. Stubbs, "that it furnished an

opportunity of obtaining some vague promises from Stephen."[36] But the

learned writer here alludes to the subsequent promises at Oxford. What I

am concerned with is the meeting at Reading. I proceed, therefore, to

quote _in extenso_ a charter which must have passed on this occasion,

and which, this being so, is of great value and interest.[37]

Carta Stephani regis Angliæ facta Miloni Gloec' de honore Gloecestr' et

Brekon'.

S. rex Angl. Archiepĩs Epĩs Abbatibus. Com̃. Baroñ. vic. præpositis,

Ministris et omnibus fidelibus suis Francis et Anglicis totius Angliæ

et Walliæ Saɫ. sciatis me reddidisse et concessisse Miloni Gloecestriæ

et hæredibus suis post eum in feoᵭ et hæreditate totum honorem suum de

Gloec', et de Brechenion, et omnes terras suas et tenaturas suas in

vicecomitatibus et aliis rebus, sicut eas tenuit die quâ rex Henricus

fuit vivus et mortuus. Quare volo et præcipio quod bene et honorifice

et libere teneat in bosco et plano et pratis et pasturis et aquis et

mariscis, in molendinis et piscariis, cum Thol et Theam et

infangenetheof, et cum omnibus aliis libertatibus et consuetudinibus

quibus unqũ melius et liberius tenuit tempore regis Henrici. Et sciatis

q̃m ego ut dñs et Rex, convencionavi ei sicut Baroni et Justiciario meo

quod eum in placitum non ponero quamdiu vixero de aliquâ tenatura ꝗ̃

tenuisset die quâ Rex Henricus fuit vivus et mortuus, neq' hæredem

suum. T. Arch. Cantuar. et Epõ Wintoñ. et Epõ Sar'. et H. Big̃ et Roᵬ

filio Ricardi et Ing̃ de Sai. et W. de Pont̃ et P. filio Joħ. Apud

Rading̃.

Sub magno sigillo suo.

The reflections suggested by this charter are many and most instructive.

Firstly, we have here the most emphatic corroboration of the evidence of

William of Malmesbury. The four first witnesses comprise the three

bishops who, according to him, conducted Stephen's coronation, together

with the notorious Hugh Bigod, to whose timely assurance that coronation

was so largely due. The four others are Robert fitz Richard, whom we

shall find present at the Easter court, attesting a charter as a royal

chamberlain; Enguerrand de Sai, the lord of Clun, who had probably come

with Payne fitz John; William de Pont de l'Arche, whom we met at

Winchester; and Payne fitz John. The impression conveyed by this charter

is certainly that Stephen had as yet been joined by few of the magnates,

and had still to be content with the handful by whom his coronation had

been attended.

An important addition is, however, represented by the grantee, Miles of

Gloucester, and the witness Payne fitz John. The former was a man of

great power, both of himself and from his connection with the Earl of

Gloucester, in the west of England and in Wales. The latter is

represented by the author of the _Gesta_ as acting with him at this

juncture.[38] It should, however, be noted, as important in its bearing

on the chronology of this able writer, that he places the adhesion of

these two barons (p. 15) considerably after that of the Earl of

Gloucester (p. 8), whereas the case was precisely the contrary, the earl

not submitting to Stephen till some time later on. Both these magnates

appear in attendance at Stephen's Easter court (_vide infra_), and again

as witnesses to his Oxford charter. The part, however, in the coming

struggle which Miles of Gloucester was destined to play, was such that

it is most important to learn the circumstances and the date of his

adhesion to the king. His companion, Payne fitz John, was slain,

fighting the Welsh, in the spring of the following year.[39]

It is a singular fact that, in addition to the charter I have here

given, another charter was granted to Miles of Gloucester by the king,

which, being similarly tested at Reading, probably passed on this

occasion. The subject of the grant is the same, but the terms are more

precise, the constableship of Gloucester Castle, with the hereditary

estates of his house, being specially mentioned.[40] Though both these

charters were entered in the Great Coucher (in the volume now missing),

the latter alone is referred to by Dugdale, from whose transcript it has

been printed by Madox.[41] Though the names of the witnesses are there

omitted, those of the six leading witnesses are supplied by an abstract

which is elsewhere found. Three of these are among those who attest the

other charter—Robert fitz Richard, Hugh Bigod, and Enguerrand de Sai;

but the other three names are new, being Robert de Ferrers, afterwards

Earl of Derby, Baldwin de Clare, the spokesman of Stephen's host at

Lincoln (see p. 148), and (Walter) fitz Richard, who afterwards appears

in attendance at the Easter court.[42] These three barons should

therefore be added to the list of those who were at Reading with the

king.[43]

Possibly, however, the most instructive feature to be found in each

charter is the striking illustration it affords of the method by which

Stephen procured the adhesion of the turbulent and ambitious magnates.

It is not so much a grant from a king to a subject as a _convencio_

between equal powers. But especially would I invite attention to the

words "ut dominus et Rex."[44] I see in them at once the symbol and the

outcome of "the Norman idea of royalty." In his learned and masterly

analysis of this subject, a passage which cannot be too closely studied,

Dr. Stubbs shows us, with felicitous clearness, the twin factors of

Norman kinghood, its royal and its feudal aspects.[45] Surely in the

expression "dominus et Rex" (_alias_ "Rex et dominus") we have in actual

words the exponent of this double character.[46] And, more than this, we

have here the needful and striking parallel which will illustrate and

illumine the action of the Empress, so strangely overlooked or

misunderstood, when she ordered herself, at Winchester, to be proclaimed

"DOMINA ET REGINA."

Henry of Huntingdon asserts distinctly that from Reading Stephen passed

to Oxford, and that he there renewed the pledges he had made on his

coronation-day.[47] That, on leaving Reading, he moved to Oxford, though

the fact is mentioned by no other chronicler, would seem to be placed

beyond question by Henry's repeated assertion.[48] But the difficulty is

that Henry specifies what these pledges were, and that the version he

gives cannot be reconciled either with the king's "coronation charter"

or with what is known as his "second charter," granted at Oxford later

in the year. Dr. Stubbs, with the caution of a true scholar, though he

thinks it "probable," in his great work, that Stephen, upon this

occasion, made "some vague promises," yet adds, of those recorded by

Henry—

"Whether these promises were embodied in a charter is uncertain: if

they were, the charter is lost; it is, however, more probable that the

story is a popular version of the document which was actually issued by

the king, at Oxford, later in the year 1136."[49]

In his later work he seems inclined to place more credence in Henry's

story.

"After the funeral, at Oxford or somewhere in the neighbourhood, he

arranged terms with them; terms by which he endeavoured, amplifying the

words of his charter, to catch the good will of each class of his

subjects.... The promises were, perhaps, not insincere at the time;

anyhow, they had the desired effect, and united the nation for the

moment."[50]

It will be seen that the point is a most perplexing one, and can

scarcely at present be settled with certainty. But there is one point

beyond dispute, namely, that the so-called "second charter" was issued

later in the year, after the king's return from the north. Mr. Freeman,

therefore, has not merely failed to grasp the question at issue, but has

also strangely contradicted himself when he confidently assigns this

"second charter" to the king's first visit to Oxford, and refers us, in

doing so, to another page, in which it is as unhesitatingly assigned to

his other and later visit after his return from the north.[51] If I call

attention to this error, it is because I venture to think it one to

which this writer is too often liable, and against which, therefore, his

readers should be placed upon their guard.[52]

It was at Oxford, in January,[53] that Stephen heard of David's advance

into England. With creditable rapidity he assembled an army and hastened

to the north to meet him. He encountered him at Durham on the 5th of

February (the day after Ash Wednesday), and effected a peaceable

agreement. He then retraced his steps, after a stay of about a

fortnight,[54] and returned to keep his Easter (March 22) at

Westminster. I wish to invite special attention to this Easter court,

because it was in many ways of great importance, although historians

have almost ignored its existence. Combining the evidence of charters

with that which the chroniclers afford, we can learn not a little about

it, and see how notable an event it must have seemed at the time it was

held. We should observe, in the first place, that this was no mere

"curia de more": it was emphatically a great or national council. The

author of the _Gesta_ describes it thus:—

"Omnibus igitur summatibus regni, fide et jurejurando cum rege

constrictis, edicto per Angliam promulgato, summos ecclesiarum ductores

cum primis populi ad concilium Londonias conscivit. Illis quoque quasi

in unam sentinam illuc confluentibus ecclesiarumque columnis sedendi

ordine dispositis, vulgo etiam confuse et permixtim,[55] ut solet,

ubique se ingerente, plura regno et ecclesiæ profutura fuerunt et

utiliter ostensa et salubriter pertractata."[56]

We have clearly in this great council, held on the first court day

(Easter) after the king's coronation, a revival of the splendours of

former reigns, so sorely dimmed beneath the rule of his bereaved and

parsimonious uncle.[57]

Henry of Huntingdon has a glowing description of this Easter court,[58]

which reminds one of William of Malmesbury's pictures of the Conqueror

in his glory.[59] When, therefore, Dr. Stubbs tells us that this custom

of the Conqueror "was restored by Henry II." (_Const. Hist._, i. 370),

he ignores this brilliant revival at the outset of Stephen's reign.

Stephen, coming into possession of his predecessor's hoarded treasure,

was as eager to plunge into costly pomp as was Henry VIII. on the death

of his mean and grasping sire. There were also more solid reasons for

this dazzling assembly. It was desirable for the king to show himself to

his new subjects in his capital, surrounded not only by the evidence of

wealth, but by that of his national acceptance. The presence at his

court of the magnates from all parts of the realm was a fact which would

speak for itself, and to secure which he had clearly resolved that no

pains should be spared.[60]

If the small group who attended his coronation had indeed been "but a

poor substitute for the great councils which had attended the summons of

William and Henry," he was resolved that this should be forgotten in the

splendour of his Easter court.

This view is strikingly confirmed by the lists of witnesses to two

charters which must have passed on this occasion. The one is a grant to

the see of Winchester of the manor of Sutton, in Hampshire, in exchange

for Morden, in Surrey. The other is a grant of the bishopric of Bath to

Robert of Lewes. The former is dated "Apud Westmonasterium in presentia

et audientia subscriptorum anno incarnationis dominicæ, 1136," etc.; the

latter, "Apud Westmonasterium in generalis concilii celebratione et

Paschalis festi solemnitate." At first sight, I confess, both charters

have a rather spurious appearance. Their stilted style awakes suspicion,

which is not lessened by the dating clauses or the extraordinary number

of witnesses. Coming, however, from independent sources, and dealing

with two unconnected subjects, they mutually confirm one another. We

have, moreover, still extant the charter by which Henry II. confirmed

the former of the two, and as this is among the duchy of Lancaster

records, we have every reason to believe that the original charter

itself was, as both its transcribers assert, among them also. Again, as

to the lists of witnesses. Abnormally long though these may seem, we

must remember that in the charters of Henry I., especially towards the

close of his reign, there was a tendency to increase the number of

witnesses. Moreover, in the Oxford charter, by which these were

immediately followed, we have a long list of witnesses (thirty-seven),

and, which is noteworthy, it is similarly arranged on a principle of

classification, the court officers being grouped together. I have,

therefore, given in an appendix, for the purpose of comparison, all

three lists.[61] If we analyze those appended to the two London

charters, we find their authenticity confirmed by the fact that, while

the Earl of Gloucester, who was abroad at the time, is conspicuously

absent from the list, Henry, son of the King of Scots, duly appears

among the attesting earls, and we are specially told by John of Hexham

that he was present at this Easter court.[62] Miles of Gloucester and

Brian fitz Count also figure together among the witnesses—a fact, from

their position, of some importance.[63] It is, too, of interest for our

purpose, to note that among them is Geoffrey de Mandeville. The

extraordinary number of witnesses to these charters (no less than

fifty-five in one case, excluding the king and queen, and thirty-six in

the other) is not only of great value as giving us the _personnel_ of

this brilliant court, but is also, when compared with the Oxford

charter, suggestive perhaps of a desire, by the king, to place on record

the names of those whom he had induced to attend his courts and so to

recognize his claims. Mr. Pym Yeatman more than once, in his strange

_History of the House of Arundel_, quotes the charter to Winchester as

from a transcript "among the valuable collection of MSS. belonging to

the Earl of Egmont" (p. 49). It may, therefore, be of benefit to

students to remind them that it is printed in Hearne's _Liber Niger_

(ii. 808, 809). Mr. Yeatman, moreover, observes of this charter—

"It contains the names of no less than thirty-four noblemen of the

highest rank (excluding only the Earl of Gloucester), but not a single

ecclesiastical witness attests the grant, which is perhaps not

remarkable, since it was a dangerous precedent to deal in such a matter

with Church property, perhaps a new precedent created by Stephen" (p.

286).

To other students it will appear "perhaps not remarkable" that the

charter is witnessed by the unusual number of no less than three

archbishops and thirteen bishops.[64]

Now, although this was a national council, the state and position of the

Church was the chief subject of discussion. The author of the _Gesta_,

who appears to have been well informed on the subject, shows us the

prelates appealing to Stephen to relieve the Church from the intolerable

oppression which she had suffered, under the form of law, at the hands

of Henry I. Stephen, bland, for the time, to all, and more especially to

the powerful Church, listened graciously to their prayers, and promised

all they asked.[65] In the grimly jocose language of the day, the keys

of the Church, which had been held by Simon (Magus), were henceforth to

be restored to Peter. To this I trace a distinct allusion in the curious

phrase which meets us in the Bath charter. Stephen grants the bishopric

of Bath "_canonica prius electione præcedente_." This recognition of the

Church's right, with the public record of the fact, confirms the account

of his attitude on this occasion to the Church. The whole charter

contrasts strangely with that by which, fifteen years before, his

predecessor had granted the bishopric of Hereford, and its reference to

the counsel and consent of the magnates betrays the weakness of his

position.

This council took place, as I have said, at London and during Easter.

But there is some confusion on the subject. Mr. Howlett, in his

excellent edition of the _Gesta_, assigns it, in footnotes (pp. 17, 18),

to "early in April." But his argument that, as that must have been (as

it was) the date of the (Oxford) charter, it was consequently that of

the (London) council, confuses two distinct events. In this he does but

follow the _Gesta_, which similarly runs into one the two consecutive

events. Richard of Hexham also, followed by John of Hexham,[66] combines

in one the council at London with the charter issued at Oxford, besides

placing them both, wrongly, far too late in the year.

Here are the passages in point taken from both writers:—

RICHARD OF HEXHAM.

Eodem quoque anno Innocentius Romanæ sedis Apostolicus, Stephano regi

Angliæ litteras suas transmisit, quibus eum Apostolica auctoritate in

regno Angliæ confirmavit.... Igitur Stephanus his et aliis modis in

regno Angliæ confirmatus, episcopos et proceres sui regni regali edicto

in unum convenire præcepit; cum quibus hoc generale concilium

celebravit.

JOHN OF HEXHAM.

Eodem anno Innocentius papa litteris ab Apostolica sede directis eundem

regem Stephanum in negotiis regni confirmavit. Harum tenore litterarum

rex instructus, generali convocato concilio bonas et antiquas leges, et

justos consuetudines præcepit conservari, injustitias vero cassari.

The point to keep clearly in mind is that the Earl of Gloucester was not

present at the Easter court in London, and that, landing subsequently,

he was present when the charter of liberties was granted at Oxford. So

short an interval of time elapsed that there cannot have been two

councils. There was, I believe, one council which adjourned from London

to Oxford, and which did so on purpose to meet the virtual head of the

opposition, the powerful Earl of Gloucester. It must have been the

waiting for his arrival at court which postponed the issue of the

charter, and it is not wonderful that, under these circumstances, the

chroniclers should have made of the whole but one transaction.

The earl, on his arrival, did homage, with the very important and

significant reservation that his loyalty would be strictly conditional

on Stephen's behaviour to himself.[67]

His example in this respect was followed by the bishops, for we read in

the chronicler, immediately afterwards:

"Eodem anno, non multo post adventum comitis, juraverunt episcopi

fidelitatem regi quamdiu ille libertatem ecclesiæ et vigorem disciplinæ

conservaret."[68]

By this writer the incident in question is recorded in connection with

the Oxford charter. In this he must be correct, if it was subsequent to

the earl's homage, for this latter itself, we see, must have been

subsequent to Easter.

Probably the council at London was the preliminary to that treaty

(_convencio_) between the king and the bishops, at which William of

Malmesbury so plainly hints, and of which the Oxford charter is

virtually the exponent record. For this, I take it, is the point to be

steadily kept in view, namely, that the terms of such a charter as this

are the resultant of two opposing forces—the one, the desire to extort

from the king the utmost possible concession; the other, his desire to

extort homage at the lowest price he could. Taken in connection with the

presence at Oxford of his arch-opponent, the Earl of Gloucester, this

view, I would venture to urge, may lead us to the conclusion that this

extended version of his meagre "coronation charter" represents his final

and definite acceptance, by the magnates of England, as their king.

It may be noticed, incidentally, as illustrative of the chronicle-value

of charters, that not a single chronicler records this eventful assembly

at Oxford. Our knowledge of it is derived wholly and solely from the

testing-clause of the charter itself—"Apud Oxeneford, anno ab

incarnatione Domini MCXXXVI." Attention should also, perhaps, be drawn

to this repeated visit to Oxford, and to the selection of that spot for

this assembly. For this its central position may, doubtless, partly

account, especially if the Earl of Gloucester was loth to come further

east. But it also, we must remember, represented for Stephen, as it

were, a post of observation, commanding, in Bristol and Gloucester, the

two strongholds of the opposition. So, conversely, it represented to the

Empress an advanced post resting on their base.

Lastly, I think it perfectly possible to fix pretty closely the date of

this assembly and charter. Easter falling on the 22nd of March, neither

the king nor the Earl of Gloucester would have reached Oxford till the

end of March or, perhaps, the beginning of April. But as early as

Rogation-tide (April 26-29) it was rumoured that the king was dead, and

Hugh Bigod, who, as a royal _dapifer_, had been among the witnesses to

this Oxford charter, burst into revolt at once.[69] Then followed the

suppression of the rebellion, and the king's breach of the charter.[70]

It would seem, therefore, to be beyond question that this assembly took

place early in April (1136).

I have gone thus closely into these details in order to bring out as

clearly as possible the process, culminating in the Oxford charter, by

which the succession of Stephen was gradually and, above all,

conditionally secured.

Stephen, as a king, was an admitted failure. I cannot, however, but view

with suspicion the causes assigned to his failure by often unfriendly

chroniclers. That their criticisms had some foundation it would not be

possible to deny. But in the first place, had he enjoyed better fortune,

we should have heard less of his incapacity, and in the second, these

writers, not enjoying the same standpoint as ourselves, were, I think,

somewhat inclined to mistake effects for causes. Stephen, for instance,

has been severely blamed, mainly on the authority of Henry of

Huntingdon,[71] for not punishing more severely the rebels who held

Exeter against him in 1136. Surely, in doing so, his critics must forget

the parallel cases of both his predecessors. William Rufus at the siege

of Rochester (1088), Henry I. at the siege of Bridgnorth (1102), should

both be remembered when dealing with Stephen at the siege of Exeter. In

both these cases, the people had clamoured for condign punishment on the

traitors; in both, the king, who had conquered by their help, was held

back by the jealousy of his barons, from punishing their fellows as they

deserved. We learn from the author of the _Gesta_ that the same was the

case at Exeter. The king's barons again intervened to save those who had

rebelled from ruin, and at the same time to prevent the king from

securing too signal a triumph.

This brings us to the true source of his weakness throughout his reign.

That weakness was due to two causes, each supplementing the other. These

were—(1) the essentially unsatisfactory character of his position, as

resting, virtually, on a compact that he should be king so long only as

he gave satisfaction to those who had placed him on the throne; (2) the

existence of a rival claim, hanging over him from the first, like the

sword of Damocles, and affording a lever by which the malcontents could

compel him to adhere to the original understanding, or even to submit to

further demands.

Let us glance at them both in succession.

Stephen himself describes his title in the opening clause of his Oxford

charter:—

"Ego Stephanus Dei gratia assensu cleri et populi in regem Anglorum

electus, et a Willelmo Cantuariensi archiepiscopo et sanctæ Romanæ

ecclesiæ legato consecratus, et ab Innocentio sanctæ Romanæ sedis

pontifice confirmatus."[72]

On this clause Dr. Stubbs observes:—

"His rehearsal of his title is curious and important; it is worth while

to compare it with that of Henry I., but it need not necessarily be

interpreted as showing a consciousness of weakness."[73]

Referring to the charter of Henry I., we find the clause phrased thus:—

"HENRICUS FILIUS WILLELMI REGIS post obitum fratris sui Willelmi, Dei

gratia rex Anglorum."[74]

Surely the point to strike us here is that the clause in Stephen's

charter contains just that which is omitted in Henry's, and omits just

that which is contained in Henry's. Henry puts forward his relationship

to his father and his brother as the sole explanation of his position as

king. Stephen omits all mention of his relationship. Conversely, the

election, etc., set forth by Stephen, finds no place in the charter of

Henry. What can be more significant than this contrast? Again, the

formula in Stephen's charter should be compared not only with that of

Henry, but with that of his daughter the Empress. As the father had

styled himself "Henricus filius Willelmi Regis," so his daughter

invariably styled herself "Matildis ... Henrici regis [_or_ regis

Henrici] filia;" and so her son, in his time, is styled (1142), as we

shall find in a charter quoted in this work, "Henricus filius filiæ

regis Henrici." To the importance of this fact I shall recur below.

Meanwhile, the point to bear in mind is, that Stephen's style contains

no allusion to his parentage, though, strangely enough, in a charter

which must have passed in the first year of his reign, he does adopt the

curious style of "Ego Stephanus Willelmi Anglorum primi Regis nepos,"

etc.,[75] in which he hints, contrary to his practice, at a

quasi-hereditary right.

Returning, however, to his Oxford charter, in which he did not venture

to allude to such claim, we find him appealing (_a_) to his election,

which, as we have seen, was informal enough; (_b_) to his anointing by

the primate; (_c_) to his "confirmation" by the pope. It is impossible

to read such a formula as this in any other light than that of an

attempt to "make up a title" under difficulties. I do not know that it

has ever been suggested, though the hypothesis would seem highly

probable, that the stress laid by Stephen upon the ecclesiastical

sanction to his succession may have been largely due, as I have said (p.

10), to the obstacle presented by the oath that had been sworn to the

Empress. Of breaking that oath the Church, he held, had pronounced him

not guilty.

Yet it is not so much on this significant style, as on the drift of the

charter itself, that I depend for support of my thesis that Stephen was

virtually king on sufferance, or, to anticipate a phrase of later times,

"Quamdiu se bene gesserit." We have seen how in the four typical cases,

(1) of the Londoners, (2) of Miles of Gloucester, (3) of Earl Robert,

(4) of the bishops, Stephen had only secured their allegiance by

submitting to that "original contract" which the political philosophers

of a later age evolved from their inner consciousness. It was because

his Oxford charter set the seal to this "contract" that Stephen, even

then, chafed beneath its yoke, as evidenced by the striking saving

clause—

"Hæc omnia concedo et confirmo salva regia et justa dignitate meâ."[76]

And, as we know, at the first opportunity, he hastened to

break its bonds.[77]

The position of his opponents throughout his reign would seem to have

rested on two assumptions. The first, that a breach, on his part, of the

"contract" justified _ipso facto_ revolt on theirs;[78] the second, that

their allegiance to the king was a purely feudal relation, and, as such,

could be thrown off at any moment by performing the famous

_diffidatio_.[79]

This essential feature of continental feudalism had been rigidly

excluded by the Conqueror. He had taken advantage, as is well known, of

his position as an English king, to extort an allegiance from his Norman

followers more absolute than he could have claimed as their feudal lord.

It was to Stephen's peculiar position that was due the introduction for

a time of this pernicious principle into England. We have seen it hinted

at in that charter of Stephen in which he treats with Miles of

Gloucester not merely as his king (_rex_), but also as his feudal lord

(_dominus_). We shall find it acted on three years later (1139), when

this same Miles, with his own _dominus_, the Earl of Gloucester, jointly

"defy" Stephen before declaring for the Empress.[80]

Passing now to the other point, the existence of a rival claim, we

approach a subject of great interest, the theory of the succession to

the English Crown at what may be termed the crisis of transition from

the principle of election (within the royal house) to that of hereditary

right according to feudal rules.

For the right view on this subject, we turn, as ever, to Dr. Stubbs,

who, with his usual sound judgment, writes thus of the Norman period:—

"The crown then continued to be elective.... But whilst the elective

principle was maintained in its fulness where it was necessary or

possible to maintain it, it is quite certain that the right of

inheritance, and inheritance as primogeniture, was recognized as

co-ordinate.... The measures taken by Henry I. for securing the crown

to his own children, whilst they prove the acceptance of the hereditary

principle, prove also the importance of strengthening it by the

recognition of the elective theory.[81]

Mr. Freeman, though writing with a strong bias in favour of the elective

theory, is fully justified in his main argument, namely, that Stephen

"was no usurper in the sense in which the word is vulgarly used."[82] He

urges, apparently with perfect truth, that Stephen's offence, in the

eyes of his contemporaries, lay in his breaking his solemn oath, and not

in his supplanting a rightful heir. And he aptly suggests that the

wretchedness of his reign may have hastened the growth of that new

belief in the divine right of the heir to the throne, which first

appears under Henry II., and in the pages of William of Newburgh.[83]

So far as Stephen is concerned the case is clear enough. But we have

also to consider the Empress. On what did she base her claim? I think

that, as implied in Dr. Stubbs' words, she based it on a double, not a

single, ground. She claimed the kingdom as King Henry's daughter ("regis

Henrici filia"), but she claimed it further because the succession had

been assured to her by oath ("sibi juratum") as such.[84] It is

important to observe that the oath in question can in no way be regarded

in the light of an election. To understand it aright, we must go back to

the precisely similar oath which had been previously sworn to her

brother. As early as 1116, the king, in evident anxiety to secure the

succession to his heir, had called upon a gathering of the magnates "of

all England," on the historic spot of Salisbury, to swear allegiance to

his son (March 19).[85] It was with reference to this event that Eadmer

described him at his death (November, 1120) as "Willelmum jam olim regni

hæredem designatum" (p. 290). Before leaving Normandy in November, 1120,

the king similarly secured the succession of the duchy to his son by

compelling its barons to swear that they would be faithful to the

youth.[86] On the destruction of his plans by his son's death, he

hastened to marry again in the hope of securing, once more, a male heir.

Despairing of this after some years, he took advantage of the Emperor's

death to insist on his daughter's return, and brought her with him to

England in the autumn of 1126. He was not long in taking steps to secure

her recognition as his heir (subject however, as the Continuator and

Symeon are both careful to point out, to no son being born to him), by

the same oath being sworn to her as, in 1116, had been sworn to his son.

It was taken, not (as is always stated) in 1126, but on the 1st of

January, 1127.[87] Of what took place upon that occasion, there is,

happily, full evidence.[88]

We have independent reports of the transaction from William of

Malmesbury, Symeon of Durham, the Continuator of Florence, and Gervase

of Canterbury.[89] From this last we learn (the fact is, therefore,

doubtful) that the oath secured the succession, not only to the Empress,

but to her heirs.[90] The Continuator's version is chiefly important as

bringing out the action of the king in assigning the succession to his

daughter, the oath being merely an undertaking to secure the arrangement

he had made.[91] Symeon introduces the striking expression that the

Empress was to succeed "hæreditario jure,"[92] but William of

Malmesbury, in the speech which he places in the king's mouth, far

outstrips this in his assertion of hereditary right:—

"præfatus quanto incommodo patriæ fortuna Willelmum filium suum sibi

surripuisset, _cui jure regnum competeret_: nunc superesse filiam, _cui

soli legitima debeatur successio, ab avo, avunculo, et patre regibus_;

a materno genere multis retro seculis."[93]

Bearing in mind the time at which William wrote these words, it will be

seen that the Empress and her partisans must have largely, to say the

least, based their claim on her right to the throne as her father's

heir, and that she and they appealed to the oath as the admission and

recognition of that right, rather than as partaking in any way whatever

of the character of a free election.[94] Thus her claim was neatly

traversed by Stephen's advocates, at Rome, in 1136, when they urged that

she was not her father's heir, and that, consequently, the oath which

had been sworn to her as such ("sicut hæredi") was void.

It is, as I have said, in the above light that I view her unvarying use

of the style "regis Henrici filia," and that this was the true character

of her claim will be seen from the terms of a charter I shall quote,

which has hitherto, it would seem, remained unknown, and in which she

recites that, on arriving in England, she was promptly welcomed by Miles

of Gloucester "sicut illam quam justam hæredem regni Angliæ recognovit."

The sex of the Empress was the drawback to her claim. Had her brother

lived, there can be little question that he would, as a matter of

course, have succeeded his father at his death. Or again, had Henry II.

been old enough to succeed his grandfather, he would, we may be sure,

have done so. But as to the Empress, even admitting the justice of her

claim, it was by no means clear in whom it was vested. It might either

be vested (_a_) in herself, in accordance with our modern notions; or

(_b_) in her husband, in accordance with feudal ones;[95] or (_c_) in

her son, as, in the event, it was. It may be said that this point was

still undecided as late as 1142, when Geoffrey was invited to come to

England, and decided to send his son instead, to represent the

hereditary claim. The force of circumstances, however, as we shall find,

had compelled the Empress, in the hour of her triumph (1141), to take

her own course, and to claim the throne for herself as queen, though

even this would not decide the point, as, had she succeeded, her

husband, we may be sure, would have claimed the title of king.

Broadly speaking, to sum up the evidence here collected, it tends to the

belief that the obsolescence of the right of election to the English

crown presents considerable analogy to that of canonical election in the

case of English bishoprics. In both cases a free election degenerated

into a mere assent to a choice already made. We see the process of

change already in full operation when Henry I. endeavours to extort

beforehand from the magnates their assent to his daughter's succession,

and when they subsequently complain of this attempt to dictate to them

on the subject. We catch sight of it again when his daughter bases her

claim to the crown, not on any free election, but on her rights as her

father's heir, confirmed by the above assent. We see it, lastly, when

Stephen, though owing his crown to election, claims to rule by Divine

right ("Dei gratia"[96]), and attempts to reduce that election to

nothing more than a national "assent" to his succession. Obviously, the

whole question turned on whether the election was to be held first, or

was to be a mere ratification of a choice already made. Thus, at the

very time when Stephen was formulating his title, he was admitting, in

the case of the bishopric of Bath, that the canonical election had

_preceded_ his own nomination of the bishop.[97] Yet it is easy to see

how, as the Crown grew in strength, the elections, in both cases alike,

would become, more and more, virtually matters of form, while a weak

sovereign or a disputed succession would afford an opportunity for this

historical survival, in the case at least of the throne, to recover for

a moment its pristine strength.

Before quitting the point, I would venture briefly to resume my grounds

for urging that, in comparing Stephen with his successor, the difference

between their circumstances has been insufficiently allowed for. At

Stephen's accession, thirty years of legal and financial oppression had

rendered unpopular the power of the Crown, and had led to an impatience

of official restraint which opened the path to a feudal reaction: at the

accession of Henry, on the contrary, the evils of an enfeebled

administration and of feudalism run mad had made all men eager for the

advent of a strong king, and had prepared them to welcome the

introduction of his centralizing administrative reforms. He anticipated

the position of the house of Tudor at the close of the Wars of the

Roses, and combined with it the advantages which Charles II. derived

from the Puritan tyranny. Again, Stephen was hampered from the first by

his weak position as a king on sufferance, whereas Henry came to his

work unhampered by compact or concession. Lastly, Stephen was confronted

throughout by a rival claimant, who formed a splendid rallying-point for

all the discontent in his realm: but Henry reigned for as long as

Stephen without a rival to trouble him; and when he found at length a

rival in his own son, a claim far weaker than that which had threatened

his predecessor seemed likely for a time to break his power as

effectually as the followers of the Empress had broken that of Stephen.

He may only, indeed, have owed his escape to that efficient

administration which years of strength and safety had given him the time

to construct.

It in no way follows from these considerations that Henry was not

superior to Stephen; but it does, surely, suggest itself that Stephen's

disadvantages were great, and that had he enjoyed better fortune, we

might have heard less of his defects. It will be at least established by

the evidence adduced in this work that some of the charges which are

brought against him can no longer be maintained.

[3] _Early Plantagenets_, p. 13; _Const Hist._ (1874), i. 319.

[4] _Gesta Stephani_, p. 3.

[5] "A Dourensibus repulsus, et a Cantuarinis exclusus" (_Gervase_, i.

94). As illustrating the use of such adjectives for the garrison, rather

than the townsfolk, compare Florence of Worcester's "Hrofenses

Cantuariensibus ... cædes inferunt" (ii. 23), where the "Hrofenses" are

Odo's garrison. So too "Bristoenses" in the _Gesta_ (ed. Hewlett, pp.

38, 40, 41), though rendered by the editor "the people of Bristol," are

clearly the troops of the Earl of Gloucester.

[6] _Early Plantagenets_, p. 14. Compare _Const. Hist._, i. 319: "The

men of Kent, remembering the mischief that had constantly come to them

from Boulogne, refused to receive him." Miss Norgate adopts the same

explanation (_England under the Angevin Kings_, i. 277).

[7] There is a curious incidental allusion to the earl's Kentish

possessions in William of Malmesbury, who states (p. 759) that he was

allowed, while a prisoner at Rochester (October, 1141), to receive his

rents from his Kentish tenants ("ab hominibus suis de Cantia"). Stephen,

then, it would seem, did not forfeit them.

[8] In the rebellion of 1138 Walchelin Maminot, the earl's castellan,

held Dover against Stephen, and was besieged by the Queen and by the men

of Boulogne. Curiously enough, Mr. Freeman made a similar slip, now

corrected, to that here discussed, when he wrote that "whatever might be

the feelings of the rest of the shire, the men of Dover had no mind to

see Count Eustace again within their walls" (_Norm. Conq._, iv. 116),

though they were, on the contrary, quite as anxious as the rest of the

shire to do so.

[9] "Id quoque sui esse juris, suique specialiter privilegii ut si rex

ipsorum quoquo modo obiret, alius suo provisu in regno substituendus e

vestigio succederet" (_Gesta_, p. 3). This audacious claim of the

citizens to such right as vested in themselves is much stronger than Mr.

Freeman's paraphrase when he speaks of "the citizens of London and

Winchester [why Winchester?], who freely exercised their ancient right

of _sharing in_ the election of the king who should reign over them"

(_Norm. Conq._, v. 251; cf. p. 856).

[10] "Firmatâ prius utrimque pactione, peractoque, ut vulgus asserebat,

mutuo juramento, ut eum cives quoad viveret opibus sustentarent, viribus

tutarentur; ipse autem, ad regnum pacificandum, ad omnium eorundem

suffragium, toto sese conatu accingeret" (_Gesta_, p. 4). See Appendix

A.

[11] "Spe scilicet captus amplissima quod Stephanus avi sui Willelmi in

regni moderamine mores servaret, precipueque in ecclesiastici vigoris

disciplinâ. Quapropter districto sacramento quod a Stephano Willelmus

Cantuarensis archiepiscopus exegit de libertate reddenda ecclesiæ et

conservanda, episcopus Wintoniensis se mediatorem et vadem apposuit.

Cujus sacramenti tenorem, postea scripto inditum, loco suo non

prætermittam" (p. 704). See Addenda.

[12] "Enimvero, quamvis ego vadem me apposuerim inter eum et Deum quod

sanctam ecclesiam honoraret et exaltaret, et bonas leges manuteneret,

malas vero abrogaret; piget meminisse, pudet narrare, qualem se in regno

exhibuerit," etc. (_ibid._, p. 746).

[13] The phrase "districto Sacramento" is very difficult to construe. I

have here taken it to imply a release of Stephen from his oath, but the

meaning of the passage, which is obscure as it stands, may be merely

that Henry became surety for Stephen's performance of the oath as in an

agreement or treaty between two contracting parties (_vide infra

passim_).

[14] _Ante_, p. 3.

[15] _Gesta_, 5, 6; _Will. Malms._, 703. Note that William Rufus,

Henry I., and Stephen all of them visited and secured Winchester even

before their coronation.

[16] _Const. Hist._, i. 319.

[17] "A cunctis fere in regem electus est, et sic a Willelmo Cantuarensi

archiepiscopo coronatus."

[18] "The form of election was hastily gone through by the barons on the

spot" (_Const. Hist._, i. 303).

[19] _Select Charters_, p. 108.

[20] _Early Plantagenets_, p. 14.

[21] "Consentientibus in ejus promotionem Willelmo Cantuarensi

archiepiscopo et clericorum et laicorum universitate" (_Sym. Dun._, ii.

286, 287).

[22] "Sic profecto, sic congruit, ut ad eum in regno confirmandum omnes

pariter convolent, parique consensu quid statuendum, quidve respuendum

sit, ab omnibus provideatur" (pp. 6, 7). Eventually he represents the

primate as acting "Cum episcopis frequentique, qui intererat, clericatu"

(p. 8).

[23] "Tribus episcopis præsentibus, archiepiscopo, Wintoniensi,

Salesbiriensi, nullis abbatibus, paucissimis optimatibus" (p. 704). See

Addenda.

[24] "Supremo eum agitante mortis articulo, cum et plurimi astarent et

veram suorum erratuum confessionem audirent, de jurejurando violenter

baronibus suis injuncto apertissime pænituit."

[25] "Quidam ex potentissimis Angliæ, jurans et dicens se præsentem

affuisse ubi rex Henricus idem juramentum in bona fide sponte

relaxasset."

[26] "Hugo Bigod senescallus regis coram archiepiscopo Cantuariæ

sacramento probavit quod, dum Rex Henricus ageret in extremis, ortis

quibus inimicitiis inter ipsum et imperatricem, ipsam exhæredavit, et

Stephanum Boloniæ comitem hæredem instituit."

[27] "Et hæc juramento comitis (_sic_) Hugonis et duorum militum probata

esse dicebant in facie ecclesie Anglicane" (ed. Pertz, p. 543).

[28] "Cum regis (_sic_) fautores obnixe persuaderent quatinus eum ad

regnandum inungeret, quodque imperfectum videbatur, administrationis suæ

officio suppleret" (p. 6).

[29] _Const. Hist._, i. 146.

[30] See his Oxford Charter.

[31] See the legate's speech at Winchester: "Ventilata est hesterno die

causa secreto coram majori parte cleri Angliæ, _ad cujus jus potissimum

spectat principem eligere, simulque ordinare_" (_Will. Malms._, p. 746).

[32] Henry had sworn "in ipso suæ consecrationis die" (Eadmer), Stephen

"in ipsa consecrationis tuæ die" (Innocent's letter). Henry of

Huntingdon refers to the "pacta" which Stephen "Deo et populo et sanctæ

ecclesiæ concesserat in die coronationis suæ." William of Malmesbury

speaks of the oath as "postea [_i.e._ at Oxford] scripto inditum." See

Addenda.

[33] See Appendix B: "The Appeal to Rome in 1136."

[34] See Appendix B.

[35] _Hen. Hunt._, 258; _Cont. Flor. Wig._, 95; _Will. Malms._, 705.

[36] _Const. Hist._, i. 321.

[37] Lansdowne MS. 229, fol. 109, and Lansdowne MS. 259, fol. 66, both

being excerpts from the lost volume of the Great Coucher of the Duchy.

[38] Speaking of the late king's trusted friends, who hung back from

coming to court, he writes: "Illi autem, intentâ sibi a rege

comminatione, cum salvo eundi et redeundi conductu curiam petiere;

omnibusque ad votum impetratis, peracto cum jurejurando liberali

hominio, illius sese servitio ex toto mancipârunt. Affuit inter reliquos

Paganus filius Johannis, sed et Milo, de quo superius fecimus mentionem,

ille Herefordensis et Salopesbiriæ, iste Glocestrensis provinciæ

dominatum gerens: qui in tempore regis Henrici potentiæ suæ culmen

extenderant ut a Sabrinâ flumine usque ad mare per omnes fines Angliæ et

Waloniæ omnes placitis involverent, angariis onerarent" (pp. 15, 16).

[39] _Cont. Flor. Wig._

[40] "S. rex Angliæ Archiepĩs etc. Sciatis me reddidisse et concessisse

Miloni Gloec̃ et heredibus suis post eum in feodo et hereditate totum

honorem patris sui et custodiam turris et castelli Gloecestrie ad

tenendum tali forma (_sic_) qualem reddebat tempore regis Henrici sicut

patrimonium suum. Et totum honorem suum de Brechenion et omnia

Ministeria sua et terras suas quas tenuit tempore regis Henrici sicut

eas melius et honorificentius tenuit die qua rex Henricus fuit vivus et

mortuus, et ego ei in convencionem habeo sicut Rex et dominus Baroni

meo. Quare precipio quod bene et in honore et in pace et libere teneat

cum omnibus libertatibus suis. Testes, W. filius Ricardi, Robertus de

Ferrariis, Robertus filius Ricardi, Hugo Bigot, Ingelramus de Sai,

Balduinus filius Gisleberti. Apud Radinges" (Lansdowne MS. 229, fols.

123, 124).

[41] _History of the Exchequer_, p. 135.

[42] I am inclined to believe that in Robert fitz Richard we have that

Robert fitz Richard (de Clare) who died in 1137 (Robert de Torigny),

being then described as paternal uncle to Richard fitz Gilbert (de

Clare), usually but erroneously described as first Earl of Hertford. If

so, he was also uncle to Baldwin (fitz Gilbert) de Clare of this

charter, and brother to W(alter) fitz Richard (de Clare), another

witness. We shall come across another of Stephen's charters to which the

house of Clare contributes several witnesses. There is evidence to

suggest that Robert fitz Richard (de Clare) was lord, in some way, of

Maldon in Essex, and was succeeded there by (his nephew) Walter fitz

Gilbert (de Clare), who went on crusade (probably in 1147).

[43] There is preserved among the royal charters belonging to the Duchy

of Lancaster, the fragment of one grant of which the contents correspond

exactly, it would seem, with those of the above charter, though the

witnesses' names are different. This raises a problem which cannot at

present be solved.

[44] In the fellow-charter the phrase runs: "sicut Rex et dominus Baroni

meo."

[45] "The Norman idea of royalty was very comprehensive; it practically

combined all the powers of the national sovereignty, as they had been

exercised by Edgar and Canute, with those of the feudal theory of

monarchy, which was exemplified at the time in France and the Empire....

The king is accordingly both the chosen head of the nation and the lord

paramount of the whole of the land" (_Const. Hist._, i. 338).

[46] Compare the words of address in several of the _Cartæ Baronum_

(1166): "servitium ut domino;" "vobis sicut domino meo;" "sicut domino

carissimo;" "ut domino suo ligio."

[47] "Inde perrexit rex Stephanus apud Oxeneford ubi recordatus et

confirmavit pacta quæ Deo et populo et sanctæ ecclesiæ concesserat in

die coronationis suæ" (p. 258).

[48] "Cum venisset in fine Natalis ad Oxenefordiam" (_ibid._).

[49] _Const. Hist._, i. 321.

[50] _Early Plantagenets_, pp. 15, 16.

[51] "The news of this [Scottish] inroad reached Stephen at Oxford,

where he had just put forth his second charter" (_Norm. Conq._, v. 258).

"The second charter ... was put forth at Oxford before the first year of

his reign was out. Stephen had just come back victorious from driving

back a Scottish invasion (see p. 258)" (_ibid._, p. 246).

[52] See Mr. Vincent's learned criticism on Mr. Freeman's _History of

Wells Cathedral_: "I detect throughout these pages an infirmity, a

confirmed habit of inaccuracy. The author of this book, I should infer

from numberless passages, cannot revise what he writes" (_Genealogist_,

(N.S.) ii. 179).

[53] "In fine Natalis" (_Hen. Hunt._, 258).

[54] _Sym. Dun._, ii. 287.

[55] The curious words, "vulgo ... ingerente," may be commended to those

who uphold the doctrine of democratic survivals in these assemblies.

They would doubtless jump at them as proof that the "vulgus" took part

in the proceedings. The evidence, however, is, in any case, of

indisputable interest.

[56] Ed. Howlett, p. 17.

[57] "Quem morem convivandi primus successor obstinate tenuit, secundus

omisit" (_Will. Malms._).

[58] "Rediens autem inde rex in Quadragesimâ tenuit curiam suam apud

Lundoniam in solemnitate Paschali, quâ nunquam fuerat splendidior in

Angliâ multitudine, magnitudine, auro, argento, gemmis, vestibus,

omnimodaque dapsilitate" (p. 259).

[59] "[Consuetudo] erat ut ter in anno cuncti optimates ad curiam

convenirent de necessariis regni tractaturi, simulque visuri regis

insigne quomodo iret gemmato fastigiatus diademate" (_Vita S.

Wulstani_). "Convivia in præcipuis festivitatibus sumptuosa et magnifica

inibat; ... omnes eo cujuscunque professionis magnates regium edictum

accersiebat, ut exterarum gentium legati speciem multitudinis

apparatumque deliciarum mirarentur" (_Gesta regum_).

[60] See in _Gesta_ (ed. Howlett, pp. 15, 16) his persistent efforts to

conciliate the ministers of Henry I., and especially the Marchers of the

west.

[61] See Appendix C.

[62] "In Paschali vero festivitate rex Stephanus eundem Henricum in

honorem in reverentia præferens, ad dexteram suam sedere fecit" (_Sym.

Dun._, ii. 287).

[63] Dr. Stubbs appears, unless I am mistaken, to imply that they first

appear at court as witnesses to the (later) Oxford charter. He writes,

of that charter: "Her [the Empress's] most faithful adherents, Miles of

Hereford" [_recté_ Gloucester] "and Brian of Wallingford, were also

among the witnesses; probably the retreat of the King of Scots had made

her cause for the time hopeless" (_Const. Hist._, i. 321, _note_).

[64] See Appendix C.

[65] "His autem rex patienter auditis quæcumque postulârant gratuite eis

indulgens ecclesiæ libertatem fixam et inviolabilem esse, illius statuta

rata et inconcussa, ejus ministros cujuscunque professionis essent vel

ordinis, omni reverentiâ honorandos esse præcepit" (_Gesta_).

[66] John's list of bishops attesting the (London) council is taken from

Richard's list of bishops attesting the (Oxford) charter.

[67] "Eodem anno post Pascha Robertus comes Glocestræ, cujus prudentiam

rex Stephanus maxime verebatur, venit in Angliam.... Itaque homagium

regi fecit sub conditione quadam, scilicet quamdiu ille dignitatem suam

integre custodiret et sibi pacta servaret" (_Will. Malms._, 705, 707).

[68] _Ibid._, 707.

[69] _Hen. Hunt._, p. 259.

[70] _Ibid._, p. 260.

[71] "Vindictam non exercuit in proditores suos, pessimo consilio usus;

si enim eam tunc exercuisset, postea contra eum tot castella retenta non

fuissent" (_Hen. Hunt._, p. 259).

[72] _Select Charters_, 114 (cf. _Will. Malms._).

[73] _Ibid._

[74] _Ibid._, 96.

[75] _Confirmation Roll_, 1 Hen. VIII., Part 5, No. 13 (quoted by Mr. J.

A. C. Vincent in _Genealogist_ (N. S.), ii. 271). This should be

compared with the argument of his friends when urging the primate to

crown him, that he had not only been elected to the throne (by the

Londoners), but also "ad hoc _justo germanæ propinquitatis jure_ idoneus

accessit" (_Gesta_, p. 8), and with the admission, shortly after, in the

pope's letter, that among his claims he "de præfati regis [Henrici]

prosapia prope posito gradu originem traxisse."

[76] _Select Charters_, 115. But cf. _Will. Malms._

[77] As further illustrating the compromise of which this charter was

the resultant, note that Stephen retains and combines the formula "Dei

gratiâ" with the recital of election, and that he further represents the

election as merely a popular "_assent_" to his succession.

[78] Compare the clause in the _Confirmatio Cartarum_ of 1265,

establishing the right of insurrection: "Liceat omnibus de regno nostro

contra nos insurgere."

[79] See _inter alia_, Hallam's _Middle Ages_, i. 168, 169.

[80] "Fama per Angliam volitabat, quod comes Gloecestræ Robertus, qui

erat in Normannia, in proximo partes sororis foret adjuturus, _rege

tantummodo ante diffidato_. Nec fides rerum famæ levitatem destituit:

celeriter enim post Pentecosten missis a Normanniâ suis regi _more

majorum amicitiam et fidem interdixit, homagio etiam abdicato_; rationem

præferens quam id juste faceret, quia et rex illicite ad regnum

aspiraverat, et omnem fidem sibi juratam neglexerat, ne dicam mentitus

fuerat" (_Will. Malms._, 712). So, too, the Continuator of Florence:

"Interim facta conjuratione adversus regem per prædictum Brycstowensem

comitem et conestabularium Milonem, _abnegata fidelitate quam illi

juraverant_, ... Milo constabularius, _regiæ majestati redditis fidei

sacramentis_, ad dominum suum, comitem Gloucestrensem, cum grandi manu

militum se contulit" (pp. 110, 117). Compare with these passages the

extraordinary complaint made against Stephen's conduct in attacking

Lincoln without sending a formal "defiance" to his opponents, and the

singular treaty, in this reign, between the Earls of Chester and of

Leicester, in which the latter was bound not to attack the former, as

his lord, without sending him the formal "diffidatio" a clear fortnight

beforehand.

[81] _Const. Hist._, i. 338, 340.

[82] _Norm. Conq._, v. 251.

[83] "In a later stage, when the son of his rival was firm on the

throne, the doctrine of female succession took root under a king who by

the spindle-side sprang from both William and Cerdic, but who by the

spear-side had nothing to do with either. Then it was that men began to

find out that Stephen had been guilty not only of breaking his oath, but

also of defrauding the heir to the crown of her lawful right" (_ibid._,

p. 252).

[84] "Henrici regis filia, ... vehementer exhilarata utpote regnum sibi

juratum ... jam adepta" (_Cont. Flor. Wig._, 130). But the above duplex

character of her claim is best brought out in her formal request that

the legate should receive her "tanquam regis Henrici filiam et cui omnis

Anglia et Normannia jurata esset."

[85] "Conventio optimatum et baronum totius Angliæ apud Salesbyriam XIV.

kalend. Aprilis facta est, qui in præsentiâ regis Henrici homagium filio

suo Willelmo fecerunt, et fidelitatem ei juraverunt" (_Flor. Wig._, ii.

69).

[86] "Normanniæ principes, jubente rege, filio suo Willelmo jam tunc

xviii. annorum, hominium faciunt, et fidelitatis securitatem sacramentis

affirmant" (_Sym. Dun._, ii. 258).

[87] Oddly enough, the correct date must be sought from Symeon of

Durham, though, at first sight, he is the most inaccurate, as he places

the event under 1128 (a date accepted, in the margin, by his editor)

instead of 1126, the year given by the other chroniclers. But from him

we learn that the Christmas court (_i.e._ Christmas 1126) was adjourned

from Windsor to London, for the new year, "ubi Circumcisione Domini"

(January 1) the actual oath was taken. William of Malmesbury dates it,

loosely, at Christmas (1126), but the Continuator of Florence, more

accurately, "finitis diebus festivioribus" (p. 84), which confirms

Symeon's statement.

[88] It is scarcely realized so clearly as it should be that the oath

taken on this occasion was that to which reference was always made. Dr.

Stubbs (_Const. Hist._, i. 341) recognizes "a similar oath in 1131" (on

the authority of William of Malmesbury), and another in 1133 (on the

authority of Roger of Hoveden). But the former is only incidentally

mentioned, and is neither alluded to elsewhere, nor referred to

subsequently by William himself; and the latter, which is similarly

devoid of any contemporary confirmation, is represented as securing the

succession, not to Matilda, but to her son. It is strange that so recent

and important an oath as this, if it was really taken, should have been

ignored in the controversy under Stephen, and the earlier oath,

described above, alone appealed to.

[89] Henry of Huntingdon merely alludes to it, retrospectively, at

Stephen's accession, as the "sacramentum fidelitatis Anglici regni filiæ

regis Henrici" (p. 256).

[90] "Fecit principes et potentes adjurare eidem filiæ suæ et heredibus

suis legitimis regnum Angliæ" (i. 93). This is, perhaps, somewhat

confirmed by the words which the author of the _Gesta_ places in the

primate's mouth (p. 7).

[91] "In filiam suam, sororem scilicet Willelmi, ... regni jura

transferebat" (p. 85). The oath to secure her this succession was taken

"ad jussum regis" (p. 84). Compare with this expression that of Gervase

above, and that (_quantum valeat_) of Roger Hoveden, viz. "_constituit_

eum regem;" also the "jubente rege" of Symeon in 1120. It was

accordingly urged, at Stephen's accession, that the oath had been

compulsory, and was therefore invalid.

[92] "Juraverunt ut filiæ suæ imperatrici fide servata regnum Angliæ

_hæreditario jure_ post eum servarent" (p. 281). Compare William of

Newburgh, on Henry's accession: "Hæreditarium regnum suscepit." These

expressions are the more noteworthy because of the contrast they afford

to the Conqueror's dying words, "Neminem Anglici constituo heredem ...

non enim tantum decus hereditario jure possedi" (_Ord. Vit._).

[93] _Will. Malms._, 691.

[94] That the oath of January 1, 1127, preceding the marriage of the

Empress, was, as I have urged, the ruling one seems to be further

implied by the passage in William of Malmesbury: "Ego Rogerum

Salesbiriensem episcopum sæpe dicentem audivi, 'Solutum se sacramento

quod imperatrici fecerat: eo enim pacto se jurasse, ne rex præter

consilium suum et cæterorum procerum filiam cuiquam nuptam daret extra

regnum,'" etc., etc. (p. 693).

[95] As for instance when Henry II. obtained Aquitaine with his wife.

There is, as it happens, a passage in Symeon of Durham, which may have

been somewhat overlooked, where it is distinctly stated that in the

autumn of the year (1127), Henry conceded, as a condition of the Angevin

match, that, in default of his having a son, Geoffrey of Anjou should

succeed him ("remque ad effectum perduxit eo tenore ut regi, de legitima

conjuge hæredem non habenti, mortuo _gener illius_ in regnum

succederet"). That Geoffrey's claim was recognized at the time is clear

from the striking passage quoted by Mr. Freeman from his panegyrist

("sceptro ... non injuste aspirante"), and even more so from the

explicit statement: "Volente igitur Gaufrido comite cum uxore suâ, quæ

hæres erat [here again is an allusion to her hereditary right], in

regnum succedere, primores terræ, juramenti sui male recordantes,

reg_em_ e_um_ suscipere noluerunt, dicentes 'Alienigena non regnabit

super nos'" (_Select Charters_, p. 110).

[96] Compare the style of "Alphonso XIII., by the grace of God

constitutional King of Spain."

[97] "Canonica prius electione præcedente."

Geoffrey de Mandeville: A study of the Anarchy · 第 1 / 14 章