CHAPTER II.

THE FIRST CHARTER OF THE KING.

Geoffrey de Mandeville was the grandson and heir of a follower of the

conqueror of the same name. From Mandeville, a village, according to Mr.

Stapleton, near Trevières in the Bessin,[98] the family took its name,

which, being Latinized as "De Magnavilla," is often found as "De

Magnaville." The elder Geoffrey appears in Domesday as a considerable

tenant-in-chief, his estates lying in no less than eleven different

counties.[99] On the authority of the _Monasticon_ he is said by Dugdale

to have been made constable of the Tower. Dugdale, however, has here

misquoted his own authority, for the chronicle printed by him states,

not that Geoffrey, but that his son and heir (William) received this

office.[100] Its statement is confirmed by Ordericus Vitalis, who

distinctly mentions that the Tower was in charge of William de

Mandeville when Randulf Flambard was there imprisoned in 1101.[101] This

may help to explain an otherwise puzzling fact, namely, that a Geoffrey

de Mandeville, who was presumably his father, appears as a witness to

charters of a date subsequent to this.[102]

Geoffrey de Mandeville founded the Benedictine priory of Hurley,[103]

and we know the names of his two wives, Athelais and Leceline. By the

former he had a son and heir, William, mentioned above, who in turn was

the father of Geoffrey, the central figure of this work.[104]

The above descent is not based upon the evidence of the _Monasticon_

alone, but is incidentally recited in those royal charters on which my

story is so largely based. It is therefore beyond dispute. But though

there is no pedigree of the period clearer or better established, it has

formed the subject of an amazing blunder, so gross as to be scarcely

credible. Madox had shown, in his _History of the Exchequer_ (ii. 400),

that Geoffrey "Fitz Piers" (Earl of Essex from 1199 to 1213) was Sheriff

of Essex and Herts in 1192-94 (4 & 5 Ric. I.). Now Geoffrey, the son of

Geoffrey "Fitz Piers," assuming the surname of "De Mandeville," became

his successor in the earldom of Essex, which he held from 1213 to 1216.

The noble and learned authors of the _Lords' Reports on the Dignity of a

Peer_ began by confusing this Geoffrey with his namesake the earl of

1141, and bodily transferring to the latter the whole parentage of the

former. Thus they evolved the startling discovery that the father of our

Geoffrey, the earl of 1141, "was Geoffrey Fitz Peter [_i.e._ the earl of

1199-1213], and probably was son of Peter, the sheriff at the time of

the Survey."[105] But not content even with this, they transferred the

shrievalty of Geoffrey "Fitz Piers" from 1192-94 (_vide supra_)[106] to

a date earlier than the grant to Geoffrey de Mandeville (his supposed

son) in 1141. Now, during that shrievalty the Earls "of Clare" enjoyed

the _tertius denarius_ of the county of Hertford. Thus their lordships

were enabled to produce the further discovery that the Earls "of Clare"

enjoyed it before the date of this grant (1141), that is to say, "either

before or early in the reign of King Stephen."[107] The authority of

these Reports has been so widely recognized that we cannot wonder at

Courthope stating in his _Historic Peerage of England_ (p. 248) that

"Richard de Clare ... was Earl of Hertford, and possessed of the third

penny of that county, before or early in the reign of King Stephen."

Courthope has in turn misled Dr. Stubbs,[108] and Mr. Doyle has now

followed suit, stating that Richard de Clare was "created Earl of

Hertford (about) 1136."[109] It is therefore something to have traced

this error to its original source in the _Lords' Reports_.

The first mention, it would seem, of the subject of this study is to be

found in the Pipe-Roll of 1130, where we read—

"Gaufridus de Mandeville reddit compotum de Dccclxvj_li._ et xiii_s._

et iiij_d._ pro terra patris sui. In thesauro cxxxiii_li._ et vi_s._ et

viii_d._

"Et debet Dcc et xxxiij_li._ et vj_s._ et viij_d._" (p. 55).

As he had thus, at Michaelmas, 1130, paid only two-thirteenths of the

amount due from him for succession, that is the (arbitrary) "relief" to

the Crown, we may infer that his father was but lately dead. He does not

again meet us till he appears at Stephen's court early in 1136.[110]

From the date of that appearance we pass to his creation as an earl by

the first of those royal charters with which we are so largely

concerned.[111]

The date of this charter is a point of no small interest, not merely

because we have in it the only surviving charter of creation of those

issued by Stephen, but also because there is reason to believe that it

is the oldest extant charter of creation known to English antiquaries.

That distinction has indeed been claimed for the second charter in my

series, namely, that which Geoffrey obtained from the Empress Maud. It

is of the latter that Camden wrote, "This is the most ancient

creation-charter that I ever saw."[112] Selden duly followed suit, and

Dugdale echoed Selden's words.[113] Courthope merely observes that it

"is presumed to be one of the very earliest charters of express creation

of the title of earl;"[114] and Mr. Birch pronounces it "one of the

earliest, if not the earliest, example of a deed creating a

peerage."[115] In despite, however, of these opinions I am prepared to

prove that the charter with which we are now dealing is entitled to the

first place, though that of the Empress comes next.

We cannot begin an investigation of the subject better than by seeking

the opinion of Mr. Eyton, who was a specialist in the matter of charters

and their dates, and who had evidently investigated the point. His note

on this charter is as follows:—

"Stephen's earlier deeds of 1136 exhibit Geoffrey de Magnaville as a

baron only. There are three such, two of which certainly, and the third

probably, passed at Westminster. He was custos of the Tower of London,

an office which probably necessitated a constant residence. There are

three patents of creation extant by which he became Earl of Essex.

Those which I suppose to precede this were by the Empress. The first of

them passed in the short period during which Maud was in London, _i.e._

between June 24 and July 25, 1141. The second within a month after, at

Oxford. In the latter she alludes to grants of lands previously made by

Stephen to the said Geoffrey, but to no patent of earldom except her

own. Selden calls Maud's London patent the oldest on record. It is not

perhaps that, but it is older than this, though Dugdale thought not.

Having decided that Stephen's patent succeeded Maud's, it follows that

it (viz. this charter) passed after Nov. 1, 1141, when Stephen regained

his liberty and Geoffrey probably forsook the empress. The king was at

London on Dec. 7. In 1142 we are told (Lysons, _Camb._, 9) that this

Geoffrey and Earl Gilbert were sent by Stephen against the Isle of Ely.

He is called earl. We shall also have him attesting a charter of Queen

Matilda (Stephen's wife).

"In 1143 he was seized in Stephen's court at St. Alban's.

"In 1144 he is in high rebellion against Stephen, and an ally of Nigel,

Bishop of Ely. He is killed in Aug., 1144.

"On the whole then it would appear that the Empress first made him an

earl as a means of securing London, the stronghold of Stephen's party,

but that, on Stephen's release, the earl changed sides and Stephen

opposed Maud's policy by a counter-patent (we have usually found

counter-charters, however, to be Maud's). We have also a high

probability that this charter passed in Dec., 1141, or soon after; for

Stephen does not appear at London in 1142, when Geoffrey is earl and in

Stephen's employ."[116]

Here I must first clear the ground by explaining as to the "three

patents of creation" mentioned in this passage, that there were only

_two_ charters (not "patents") of creation—that of the king, which

survives in the original, and that of the Empress, which is known to us

from a transcript. As to the latter, it certainly "passed in the short

period during which Maud was in London," but that period, so far from

being "between June 24 and July 25, 1141," consisted only of a few days

ending with "June 24, 1141." The main point, however, at issue is the

priority of the creation-charters. It will be seen that Mr. Eyton jumped

at his conclusion, and then proceeded: "Having decided," etc. This is

the more surprising because that conclusion was at variance with what he

admits to have been his own principle, namely, that he had "usually

found counter-charters to be Maud's."[117] In this case his conclusion

was wrong, and his original principle was right. I think that Mr.

Eyton's error was due to his ignorance of the second charter granted by

the king to Geoffrey.[118] As he was well acquainted with the royal

charters in the duchy of Lancaster collection it is not easy to

understand how he came to overlook this very long one, which is, as it

were, the keystone to the arch I am about to construct.

It is my object to make Geoffrey's charters prove their own sequence.

When once arranged in their right order, it will be clear from their

contents that this order is the only one possible. We must not attempt

to decide their dates till we have determined their order. But when that

order has been firmly established, we can approach the question of dates

with comparative ease and confidence.

To determine from internal evidence the sequence of these charters, we

must arrange them in an ascending scale. That is to say, each charter

should represent an advance on its immediate predecessor. Tried by this

test, our four main charters will assume, beyond dispute, this relative

order.

(1) First charter of the king.

(2) First charter of the Empress.

(3) Second charter of the king.

(4) Second charter of the Empress.

The order of the three last is further established by the fact that the

grants in the second are specifically confirmed by the third, while the

third is expressly referred to in the fourth. The only one, therefore,

about which there could possibly be a question is the first, and the

fact that the second charter represents a great advance upon it is in

this case the evidence. But there is, further, the fact that the place I

have assigned it is the only one in the series that it can possibly

occupy. Nor could Mr. Eyton have failed to arrive at this conclusion had

he included within his sphere of view the second charter of the king.

It is clear that Mr. Eyton was here working from the statements of

Dugdale alone. For the three charters he deals with are those which

Dugdale gives. The order assigned to these charters by Dugdale and Mr.

Eyton respectively can be thus briefly shown:—

Right order 1 2 3 4

Eyton's order 2 4 1

Dugdale's order 1 4 2

How gravely Mr. Eyton erred in his conclusions will be obvious from this

table. But it is necessary to go further still, and to say that of the

seven charters affecting Geoffrey de Mandeville, three would seem to

have been unknown to him, while of the rest, he assigned three, one

might almost say all four, to a demonstrably erroneous date. It may be

urged that this is harsh criticism, and the more so as its subject was

never published, and exists only in the form of notes. There is much to

be said for this view, but the fact remains that rash use is certain to

be made of these notes, unless students are placed on their guard. That

this should be so is due not only to Mr. Eyton's great and just

reputation as a laborious student in this field, but also to the

exaggerated estimate of the value and correctness of these notes which

was set, somewhat prominently, before the public.[119]

Advancing from the question of position to that of actual date, we will

glance at the opinion of another expert, Mr. Walter de Gray Birch. We

learn from him, as to the date of this first creation-charter, that—

"The dates of the witnesses appear to range between A.D. 1139 and A.D.

1144.... The actual date of the circumstances mentioned in this

document is a matter of question.... He [Geoffrey] was slain on the

14th of September, A.D. 1144, and therefore this document must be prior

to that date."[120]

We see now that it is by no means easy to date this charter with

exactness. It will be best, in pursuance of my usual practice, to begin

by clearing the ground.

If we could place any trust in the copious chronicle of Walden Abbey,

which is printed (in part) in the _Monasticon_ from the Arundel

manuscript, our task would be easy enough. For we are there told that

Stephen had already created Geoffrey an earl when, in 1136, he founded

Walden Abbey.[121] And, in his foundation charter, he certainly styles

himself an earl.[122] But, alas for this precious narrative, it brings

together at the ceremony three bishops, Robert of London, Nigel of Ely,

and William of Norwich, of whom Robert of London was not appointed till

1141, while William of Norwich did not obtain that see till 1146!

Dismissing, therefore, this evidence, we turn to the fact that no

creation of an earldom by Stephen is mentioned before 1138. But we have

something far more important than this in the occurrence at the head of

the witnesses to this creation-charter, of the name of William of Ypres,

the only name, indeed, among the witnesses that strikes one as a note of

time. Mr. Eyton wrote: "A deed which I have dated 1140 ... is his first

known attestation."[123] I have found no evidence contrary to this

conclusion. It would seem probable that when the arrest of the bishops

"gave," in Dr. Stubbs' words, "the signal for the civil war," Stephen's

preparations for the approaching struggle would include the summons to

his side of this experienced leader, who had hitherto been fighting in

Normandy for his cause. Indeed, we know that it was so, for he was at

once despatched against the castle of Devizes.[124]

Happily, however, there remains a writ, which should incidentally, we

shall find, prove the key to the problem. This, which is printed among

the footnotes in Madox's _Baronia Anglica_ (p. 231), from the muniments

of Westminster Abbey, is addressed "Gaufrido de Magnavilla" simply, and

is, therefore, previous to his elevation to the earldom. Now, as this

writ refers to the death of Roger, Bishop of Salisbury, it must be later

than the 11th of December, 1139.[125] Consequently Geoffrey's charter

must be subsequent to that date. It must also be previous to the battle

of Lincoln (February, 1141), because, as I observed at the outset, it

must be previous to the charter of the Empress. We therefore virtually

narrow its limit to the year 1140, for Stephen had set out for Lincoln

before the close of the year.[126] Let us try and reduce it further

still. What was the date of the above writ? Stephen, on the death of

Bishop Roger, hastened to visit Salisbury.[127] He went there from

Oxford to spend Christmas (1139), and then returned to Reading (_Cont.

Flor. Wig._). Going and returning he would have passed through Andover,

the place at which this writ is tested. Thus it could have been, and

probably was, issued at this period (December, 1139). Obviously, if it

was issued in the course of 1140, this would reduce still further the

possible limit within which Geoffrey's charter can have passed.

Difficult though it is to trace the incessant movements of the king

throughout this troubled year, he certainly visited Winchester, and

(probably thence) Malmesbury. Still we have not, I believe, proof of his

presence at Andover.[128] And there are other grounds, I shall now show,

for thinking that the earldom was conferred before March, 1140.

William of Newburgh, speaking of the arrest of Geoffrey de Mandeville,

assures us that Stephen bore an old grudge against him, which he had

hitherto been forced to conceal. Its cause was a gross outrage by

Geoffrey, who, on the arrival of Constance of France, the bride of

Eustace the heir-apparent, had forcibly detained her in the Tower.[129]

We fix the date of this event as February or March, 1140, from the words

of the Continuator of Florence,[130] and that date agrees well with

Henry of Huntingdon's statement, that Stephen had bought his son's bride

with the treasure he obtained by the death of the great Bishop of

Salisbury (December 11, 1139).[131]

It would seem, of course, highly improbable that this audacious insult

to the royal family would have been followed by the grant of an earldom.

We might consequently infer that, in all likelihood, Geoffrey had

already obtained his earldom.

We have, however, to examine the movements of Stephen at the time. The

king returned, as we saw, to Reading, after spending his Christmas at

Salisbury. He was then summoned to the Fen country by the revolt of the

Bishop of Ely, and he set out thither, says Henry of Huntingdon, "post

Natale" (p. 267). He _may_ have taken Westminster on his way, but there

is no evidence that he did. He had, however, returned to London by the

middle of March, to take part in a Mid-Lent council.[132] His movements

now become more difficult to trace than ever, but it may have been after

this that he marched on Hereford and Worcester.[133] Our next glimpse of

him is at Whitsuntide (May 26), when he kept the festival in sorry state

at the Tower.[134] It has been suggested that it was for security that

he sought the shelter of its walls. But this explanation is disposed of

by the fact that the citizens of London were his best friends and

proved, the year after, the virtual salvation of his cause. It would

seem more likely that he was anxious to reassert his impaired authority

and to destroy the effect of Geoffrey's outrage, which might otherwise

have been ruinous to his _prestige_.[135]

It was, as I read it, at the close of Whitsuntide, that is, about the

beginning of June, that the king set forth for East Anglia, and,

attacking Hugh Bigod, took his castle of Bungay.[136]

In August the king again set forth to attack Hugh Bigod;[137] and either

to this, or to his preceding East Anglian campaign, we may safely assign

his charter, granted at Norwich, to the Abbey of Reading.[138] Now, the

first witness to this charter is Geoffrey de Mandeville himself, who is

not styled an earl. We learn, then, that, at least as late as June,

1140, Geoffrey had not received his earldom. This would limit the date

of his creation to June-December, 1140, or virtually, at the outside, a

period of six months.

Such, then, is the ultimate conclusion to which our inquiry leads us.

And if it be asked why Stephen should confer an earldom on Geoffrey at

this particular time, the reply is at hand in the condition of affairs,

which had now become sufficiently critical for Geoffrey to begin the

game he had made up his mind to play. For Stephen could not with

prudence refuse his demand for an earldom.[139]

The first corollary of this conclusion is that "the second type" of

Stephen's great seal (which is that appended to this charter) must have

been already in use in the year 1140, that is to say, before his fall in

1141.

Mr. Birch, who, I need hardly say, is the recognized authority on the

subject, has devoted one of his learned essays on the Great Seals of the

Kings of England to those of Stephen.[140] He has appended to it

photographs of the two types in use under this sovereign, and has given

the text of nineteen original sealed charters, which he has divided into

two classes according to the types of their seals. The conclusion at

which he arrived as the result of this classification was that the

existence of "two distinctly variant types" is proved (all traces of a

third, if it ever existed, being now lost), one of which represents the

earlier, and the other the later, portion of the reign.[141] To the

former belong nine, and to the latter ten of the charters which he

quotes in his paper. The only point on which a question can arise is the

date at which the earlier was replaced by the later type. Mr. Birch is

of opinion that—

"the consideration of the second seal tends to indicate the alteration

of the type subsequent to his liberation from the hands of the Empress,

and it is most natural to suppose that this alteration is owing to the

destruction or loss of his seal consequent to his own capture and

incarceration" (p. 15).

There can be no doubt that this is the most natural suggestion; but if,

as I contend, the very first two of the charters adduced by Mr. Birch as

specimens of the later type are previous to "his capture and

incarceration," it follows that his later great seal must have been

adopted before that event. One of these charters is that which forms the

subject of this chapter; the other is preserved among the records of the

duchy of Lancaster.[142] At the date when the latter was granted, the

king was in possession of the temporalities of the see of Lincoln, which

he had seized on the arrest of the bishops in June, 1139. As Alexander

had regained possession of his see by the time of the battle of Lincoln,

this charter must have passed before Stephen's capture, and most

probably passed a year or more before. We have then to account for the

adoption by Stephen of a new great seal, certainly before 1141, and

possibly as early as 1139. Is it not possible that this event may be

connected with the arrest of the chancellor and his mighty kinsmen in

June, 1139, and that the seal may have been made away with in his and

their interest, as on the flight of James II., in order to increase the

confusion consequent on that arrest?[143]

And now we come to Geoffrey's charter itself[144]:—

"S. Rex Ang[lorum] Archiepiscopis Episcopis Abbatibus Comitibus

Justiciis Baronibus Vicecomitibus et Omnibus Ministris et fidelibus

suis francis et Anglis totius Angliæ salutem. Sciatis me fecisse

Comitem de Gaufr[ido] de Magnauillâ de Comitatu Essex[e] hereditarie.

Quare uolo et concedo et firmiter precipio quod ipse et heredes sui

post eum hereditario jure teneant de me et de heredibus meis bene et in

pace et libere et quiete et honorifice sicut alii Comites mei de terrâ

meâ melius vel liberius vel honorificentius tenent Comitatus suos unde

Comites sunt cum omnibus dignitatibus et libertatibus et

consuetudinibus cum quibus alii Comites mei prefati dignius vel

liberius tenent.

"T[estibus] Will[elm]o de Iprâ et Henr[ico] de Essexâ[145] et Joh[ann]e

fil[io] Rob[erti] fil[ii] Walt[eri][146] et Rob[erto] de Nouo

burgo[147] et Mainfen[ino] Britoñ[148] et Turg[esio] de Abrinc[is][149]

et Will[elm]o de S[an]c[t]o Claro[150] et Will[elm]o de

Dammart[in][151] et Ric[ardo] fil[io] Ursi[152] et Will[elm]o de

Auco[153] et Ric[ardo] fil[io] Osb[erti][154] et Radulfo de Wiret[155]

(_sic_) et Eglin[o][156] et Will[elm]o fil[io] Alur[edi][157] et

Will[elmo] filio Ernald[i].[158] Apud Westmonasterium."

Taking this, as I believe it to be, as our earliest charter of creation

extant or even known, the chief point to attract our notice is its

intensely hereditary character. Geoffrey receives the earldom

"hereditarie," for himself "et heredes sui post eum hereditario jure."

The terms in which the grant is made are of tantalizing vagueness; and,

compared with the charters by which it was followed, this is remarkable

for its brevity, and for the total omission of those accompanying

concessions which the statements of our historians would lead us to

expect without fail.[159]

We must now pass from the grant of this charter to the great day of

Lincoln (February 2, 1141), where the fortunes of England and her king

were changed "in the twinkling of an eye" by the wild charge of "the

Disinherited," as they rode for death or victory.[160]

[98] _Rotuli Scaccarii Normanniæ_, II. clxxxviii. Such was also the

opinion of M. Leopold Delisle. The French editors, however, of Ordericus

write: "On ne sait auquel des nombreux Magneville, Mandeville,

Manneville de Normandie rapporter le berceau de cette illustre maison"

(iv. 108).

[99] There is a curious story in the Waltham Chronicle (_De Inventione_,

cap. xiii.) that the Conqueror placed Geoffrey in the shoes of Esegar

the staller. The passage runs thus: "Cui [Tovi] successit filius ejus

Adelstanus pater Esegari qui stalra inventus est in Angliæ conquisitione

a Normannis, cuius hereditatem postea dedit conquisitor terræ, rex

Willelmus, Galfrido de Mandevile proavi presentis comitis Willelmi.

Successit quidem Adelstanus patri suo Tovi, non in totam quidem

possessionem quam possederat pater, sed in eam tantum quæ pertinebat ad

stallariam, quam nunc habet comes Willelmus." The special interest of

this story lies in the official connection of Esegar [or Ansgar] the

staller with London and Middlesex, combined with the fact that Geoffrey

occupied the same position. See p. 354, and Addenda.

[100] "Post cujus [_i.e._ Galfridi] mortem reliquit filium suum hæredem,

cui firmitas turris Londoniarum custodienda committitur. Nobili cum Rege

magnificé plura gessit patri non immerito in rebus agendis coæqualis"

(_Monasticon_). Dugdale's error, as we might expect, is followed by

later writers, Mr. Clark treating Geoffrey as the first "hereditary

constable," and his son, whom with characteristic inaccuracy he

transforms from "William" into "Walter," as the second (_Mediæval

Military Architecture_, ii. 253, 254). The French editors of Ordericus

(iv. 108) strangely imagined that William was brother, not son, of

Geoffrey de Mandeville.

[101] "In arce Lundoniensi Guillelmo de Magnavilla custodiendus in

vinculis traditus est" (iv. 108).

[102] See for instance _Abingdon Cartulary_, ii. 73, 85, 116, where he

attests charters of _circ._ 1110-1112.

[103] _Monasticon_, iii. 433. He founds the priory "pro anima Athelaisæ

primæ uxoris meæ, matris filiorum meorum jam defunctæ;" and "Lecelina

domina uxor mea" is a witness to the charter.

[104] It is necessary to check by authentic charters and other

trustworthy evidence the chronicles printed in the _Monasticon_ under

Walden Abbey. One of these was taken from a long and interesting MS.,

formerly in the possession of the Royal Society, but now among the

Arundel MSS. in the British Museum. This, which is only partially

printed, and which ought to be published in its entirety, has the

commencement wanting, and is, unfortunately, very inaccurate for the

early period of which I treat. It is this narrative which makes the wild

misstatements as to the circumstances of the foundation, which grossly

misdates Geoffrey's death, etc., etc. All its statements are accepted by

Dugdale. The other chronicle, which he printed from Cott. MS., Titus, D.

20, is far more accurate, gives Geoffrey's death correctly, and rightly

assigns him as wife the _sister_ (not the daughter) of the Earl of

Oxford, thus correcting Dugdale's error. It is the latter chronicle

which Dugdale has misquoted with reference to the charge of the Tower.

[105] Who was really Peter de Valognes.

[106] "Madox ... has shown ... that Geoffrey Fitzpeter, Earl of Essex,

obtained from the Crown Grants of the shrievalty of the Counties of

Essex and Hertford when the Earls, commonly called Earls of Clare, were

Earls of Hertford, and had the Third Penny of the Pleas of that County"

(iii. 69, ed. 1829).

[107] "The County of Hertford appears to have been, at the time of the

Survey, in the King's hands, and Peter was then Sheriff; and the

Sheriffwick of Hertfordshire was afterwards granted in Fee, by the

Empress Maud, to Geoffrey de Mandeville, Earl of Essex, at a rent as his

father and grandfather had held it. The father of Geoffrey was Geoffrey

Fitz Peter, and probably was son of Peter, the Sheriff at the time of

the Survey. The first trace which the Committee has discovered of the

title of the Earls of Clare to the Third Penny of the County is in the

reign of Henry the Second, subsequent to the grants under which the

Earls of Essex claimed the Shrievalty in fee, at a fee-farm rent. But

the grant of the Third Penny must have been of an earlier date, as the

grant to the Earl of Essex was subject to that charge. The family of

Clare must therefore have had the Third Penny either before or early in

the Reign of King Stephen" (iii. 125).

[108] _Const. Hist._, i. 362.

[109] _Official Baronage_, ii. 175.

[110] See Appendix C.

[111] See Frontispiece.

[112] _Degrees of England._

[113] "Note that this is the most ancient creation-charter which hath

ever been known." _Vide_ Selden, _Titles of Honour_, p. 647.

[114] _Historic Peerage_, p. 178.

[115] _Journ. Brit. Arch. Ass._, xxxi. 386.

[116] _Addl. MSS._, 31,943, fol. 97.

[117] Comp. fol. 96: "My position is that where this system of

counter-charters between Stephen and the Empress _is proved_, the former

generally is the first in point of date."

[118] See p. 41 _ad pedem_.

[119] _Notes and Queries_, 6th Series, v. 83.

[120] _On the Great Seal of King Stephen_, pp. 19, 20.

[121] "Apud regem Stephanum, ac totius regni majores tanti erat ut

nomine comitis et re jampridem dignus haberetur" (_Mon. Angl._, vol. iv.

p. 141).

[122] "Gaufridus de Magnavillâ comes Essexe" (_ibid._).

[123] _Addl. MSS._ 31,943, fol. 85 _dors._

[124] _Ordericus Vitalis_, vol. v. p. 120.

[125] See p. 282, _n._ 4.

[126] "Protractaque est obsidio [Lincolnie] a diebus Natalis Domini

(1140) usque ad Ypapanti Domini" (_Will. Newburgh_, i. 39).

[127] To this visit may be assigned three charters (_Sarum Charters and

Documents_, pp. 9-11) of interest for their witnesses. Two of them are

attested by Philip the chancellor, who is immediately followed by Roger

de Fécamp. The latter had similarly followed the preceding chancellor,

Roger, in one of Stephen's charters of 1136 (see p. 263), which

establishes his official position. Among the other witnesses were Bishop

Robert of Hereford, Count Waleran of Meulan, Robert de Ver, William

Martel, Robert d'Oilli with Fulk his brother, Turgis d'Avranches, Walter

de Salisbury, Ingelram de Say, and William de Pont de l'Arche.

[128] The "P. cancellarius," by whom the writ is tested, was a

chancellor of whom, according to Foss, virtually nothing is known. He

was, however, Philip (de Harcourt), on whom the king conferred at

Winchester, in 1140, the vacant see of Salisbury ("Rex Wintoniam veniens

consilio baronum suorum cancellario suo Philippo Searebyriensem

præsulatum ... dedit" (_Cont. Flor. Wig._)). But the chapter refused to

accept him as bishop, and eventually he was provided for by the see of

Bayeux. He is likely, with or without the king, to have gone straight to

Salisbury after his appointment at Winchester, in which case he would

not have been present at Andover, even if Stephen himself was.

[129] "Acceptam ab eo injuriam rex caute dissimulabat, et tempus

opportunum quo se ulcisceretur, observabat. Injuria vero quam regi

nequam ille intulerat talis erat. Rex ante annos aliquot episcopi, ut

dictum est, Salesbiriensis thesauros adeptus, summa non modica regi

Francorum Lodovico transmissa, sororem ejus Constantiam Eustachio filio

suo desponderat; ... eratque hæc cum socru sua regina Lundoniis. Cumque

regina ad alium forte vellet cum eadem nuru sua locum migrare, memoratus

Gaufridus arci tunc præsidens, restitit; nuruque de manibus socrus, pro

viribus obnitentis, abstracta atque retenta, illam cum ignominia abire

permisit. Postea vero reposcenti, et justum motum pro tempore

dissimulanti, regi socero insignem prædam ægre resignavit" (ii. 45).

[130] (1140) "Facta est desponsatio illorum mense Februario in

transmarinis partibus, matre regina Anglorum præsente" (ii. 725).

[131] "Accipiens thesauros episcopi comparavit inde Constantiam sororem

Lodovici regis Francorum ad opus Eustachii filii sui" (p. 265). It is

amusing to learn from his champion (the author of the _Gesta Stephani_)

that the king spent this treasure on good and pious works. This

matrimonial alliance is deserving of careful attention, for the fact

that Stephen was prepared to buy it with treasure which he sorely needed

proves its importance in his eyes as a prop to his now threatened

throne.

[132] _Annals of Waverley_ (_Ann. Mon._, ii. 228), where it is stated

that, at this council, Stephen gave the see of Salisbury to his

chancellor, Philip. According, however, to the Continuator of Florence,

he did this not at London, but at Winchester (see p. 47, _supra_).

[133] See the Continuator of Florence.

[134] _Will. Malms._

[135] See p. 81 as to the alleged riot in London and death of Aubrey de

Vere, three weeks before.

[136] "Ad Pentecostem ivit rex cum exercitu suo super Hugonem Bigod in

Sudfolc" _Ann. Wav._ (_Ann. Mon._, ii. 228).

[137] "Item in Augusto perrexit super eum et concordati sunt, sed non

diu duravit" (_ibid._).

[138] Printed in _Archæological Journal_, xx. 291. Its second witness is

Richard de Luci, whom I have not elsewhere found attesting before

Christmas, 1141.

[139] If, as would seem, Hugh Bigod appears first as an earl at the

battle of Lincoln, when he fought on Stephen's side, it may well be that

the "concordia" between them in August, 1140, similarly comprised the

concession by the king of comital rank. On the other hand, there is a

noteworthy charter (_Harl. Cart._, 43, c. 13) of Stephen, which seems to

belong to the winter of 1140-1, to which Hugh Bigod is witness, not as

an earl, so that his creation may have taken place very shortly before

Stephen's fall. As this charter, according to Mr. Birch, has the second

type of Stephen's seal, it strengthens the view advanced in the text.

[140] _Transactions of the Royal Society of Literature_, vol. xi., New

Series.

[141] Mr. Birch points out the interesting fact that while the earlier

type has an affinity to that of the great seal of Henry I., the later

approximates to that adopted under Henry II.

[142] _Royal Charters_, No. 15. See my _Ancient Charters_, p. 39.

[143] Dr. Stubbs observes that the consequence of the arrest was that

"the whole administration of the country ceased to work" (_Const.

Hist._, i. 326).

[144] Cotton Charter, vii. 4. See Frontispiece.

[145] This is the well-known Henry de Essex (see Appendix U), son of

Robert (_Rot. Pip._, 31 Hen. I.), and grandson of Swegen of Essex

(Domesday). He witnessed several of Stephen's charters, probably later

in the reign, but was also a witness to the Empress's charters to the

Earls of Oxford and of Essex (_vide post_).

[146] A John, son of Robert fitz Walter (sheriff of East Anglia, _temp._

Hen. I.), occurs in _Ramsey Cartulary_, i. 149.

[147] Robert de Neufbourg, said to have been a younger son of Henry,

Earl of Warwick, occurs in connection with Warwickshire in 1130 (_Rot.

Pip._, 31 Hen. I.). Mr. Yeatman characteristically advances "the idea

that Robert de Arundel and Robert de Novoburgo were identical." He was

afterwards Justiciary of Normandy (_Ord. Vit._), having sided with

Geoffrey of Anjou (_Rot. Scacc. Norm._). He is mentioned in the

Pipe-Rolls of 2 and 4 Henry II. According to Dugdale, he died (on the

authority of the _Chronicon Normanniæ_), in August, 1158, a date

followed by Mr. Yeatman. Mr. Eyton, however (_Court and Itinerary_, p.

47), on the same authority (with a reference also to Gervase, which I

cannot verify) makes him die in August, 1159. The true date seems to

have been August 30, 1159, when he died at Bec (_Robert de Torigni_).

[148] The Maenfininus Brito (Mr. Birch reads "Mamseu"), who, in the

Pipe-Roll of 1130 (p. 100), was late sheriff of Bucks. and Beds.

Probably father of Hamo filius Meinfelini, the Bucks. baron of 1166

(_Cartæ_). See also p. 201, _n._ 2.

[149] Turgis d'Avranches appears in the Pipe-Roll of 31 Hen. I. as

having married the widow of Hugh "de Albertivillâ." We shall find him

witnessing Stephen's second charter to the earl (Christmas, 1141).

[150] William de St. Clare occurs in Dorset and Huntingdonshire in 1130

(_Rot. Pip._, 31 Hen. I.). He was, I presume, of the same family as

Hamon de St. Clare, _custos_ of Colchester in 1130 (_ibid._), who was

among the witnesses to Stephen's Charter of Liberties (Oxford) in 1136.

[151] Odo de Dammartin states in his _Carta_ (1166) that he held one fee

(in Norfolk) of the king, of which he had enfeoffed, _temp._ Hen. I.,

his brother, William de Dammartin.

[152] Richard fitz Urse is of special interest as the father (see _Liber

Niger_) of Reginald fitz Urse, one of Becket's murderers. He occurs

repeatedly in the Pipe-Roll of 31 Hen. I. After this charter he

reappears at the battle of Lincoln (Feb. 2, 1141):—"Capitur etiam

Ricardus filius Ursi, qui in ictibus dandis recipiendisque clarus et

gloriosus comparuit" (_Hen. Hunt._, p. 274). For his marriage to Sybil,

daughter of Baldwin de Bollers by Sybil de Falaise (_neptis_ of

Henry I.), see Eyton's _Shropshire_, xi. 127, and _Genealogist_, N.S.,

iii. 195. One would welcome information on his connection, if any, with

the terrible sheriff, Urse d'Abetot, and his impetuous son; but I know

of none.

[153] William de Eu appears as a tenant of four knights' fees _de veteri

feoffamento_ under Mandeville in the _Liber Niger_.

[154] Richard fitz Osbert similarly figures (_Liber Niger_) as a tenant

of four knights' fees _de veteri feoffamento_. He also held a knight's

fee of the Bishop of Ely in Cambridgeshire. An Osbert fitz Richard,

probably his son, attests a charter of Geoffrey's son, Earl William, to

Walden Abbey.

[155] A Ralph de _Worcester_ occurs in the _Cartæ_ and elsewhere under

Henry II.

[156] "Eglino," an unusual name, probably represents "Egelino de

Furnis," who attests a charter of Stephen at Eye (_Formularium

Anglicanum_, p. 154).

[157] William fitz Alfred held one fee of Mandeville _de novo

feoffamento_. He also attests the earl's foundation charter of Walden

Abbey (_Mon. Ang._, iv. 149). A William fitz Alfred occurs, also, in the

Pipe-Roll of 31 Hen. I.

[158] William fitz Ernald similarly held one knight's fee _de novo

feoffamento_. He also attests the above foundation charter just after

William fitz Alfred.

[159] See Appendix D, on "Fiscal Earls."

[160] "Acies exhæredatorum, quæ præibat, percussit aciem regalem ...

tanto impetu, quod statim, quasi in ictu oculi, dissipata est.

Geoffrey de Mandeville: A study of the Anarchy · 第 2 / 14 章