CHAPTER III.

TRIUMPH OF THE EMPRESS.

At the time of this sudden and decisive triumph, the Empress had been in

England some sixteen months. With the Earl of Gloucester, she had landed

at Arundel,[161] on September 30, 1139,[162] and while her brother,

escorted by a few knights, made his way to his stronghold at Bristol,

had herself, attended by her Angevin suite, sought shelter with her

step-mother, the late queen, in the famous castle of Arundel. Stephen

had promptly appeared before its walls, but, either deeming the fortress

impregnable or being misled by treacherous counsel,[163] had not only

raised his blockade of the castle, but had allowed the Empress to set

out for Bristol, and had given her for escort his brother the legate,

and his trusted supporter the Count of Meulan.[164] From the legate her

brother had received her at a spot appointed beforehand, and had then

returned with her to Bristol. Here she was promptly visited by the

constable, Miles of Gloucester, who at once acknowledged her claims as

"the rightful heir" of England.[165] Escorted by him, she removed to

Gloucester, of which he was hereditary castellan, and received the

submission of that city, and of all the country round about.[166] The

statements of the chroniclers can here be checked, and are happily

confirmed and amplified by a charter of the Empress, apparently unknown,

but of great historical interest. The following abstract is given in a

transcript taken from the lost volume of the Great Coucher of the

duchy[167]:—

"Carta Matilde Imperatricis in quâ dicit, quod[168] quando in Angliam

venit post mortem H. patris sui[169] Milo de Gloecestrâ quam citius

potuit venit ad se[170] apud Bristolliam et recepit me ut dominam et

sicut illam quam justum hæredem regni Angliæ recognovit, et inde me

secum ad Gloecestram adduxit et ibi homagium suum mihi fecit ligie

contra omnes homines. Et volo vos scire quod tunc quando homagium suum

apud Gloecestram recepit, dedi ei pro servicio suo in feodo et

hereditate sibi et heredibus suis castellum de Sancto Briavel(li) et

totam forestam de Dene,"[171] etc., etc.

It was at Gloucester that she received the news of her brother's victory

at Lincoln (February 2, 1141), and it was there that he joined her, with

his royal captive, on Quinquagesima Sunday (February 9).[172] It was at

once decided that the king should be despatched to Bristol Castle,[173]

and that he should be there kept a prisoner for life.[174]

In the utter paralysis of government consequent on the king's capture,

there was not a day to be lost on the part of the Empress and her

friends. The Empress herself was intoxicated with joy, and eager for the

fruits of victory.[175] Within a fortnight of the battle, she set out

from Gloucester, on what may be termed her first progress.[176] Her

destination was, of course, Winchester, the spot to which her eyes would

at once be turned. She halted, however, for a while at Cirencester,[177]

to allow time for completing the negotiations with the legate.[178] It

was finally agreed that, advancing to Winchester, she should meet him in

an open space, without the walls, for a conference. This spot a charter

of the Empress enables us apparently to identify with Wherwell.[179]

Hither, on Sunday, the 2nd of March, a wet and gloomy day,[180] the

clergy and people, headed by the legate, with the monks and nuns of the

religious houses, and such magnates of the realm as were present,

streamed forth from the city to meet her.[181]

The compact ("pactum") which followed was strictly on the lines of that

by means of which Stephen had secured the throne. The Empress, on her

part, swore that if the legate would accept her as "domina," he should

henceforth have his way in all ecclesiastical matters. And her leading

followers swore that this oath should be kept. Thereupon the legate

agreed to receive her as "Lady of England," and promised her the

allegiance of himself and of his followers so long as she should keep

her oath. The whole agreement is most important, and, as such, should be

carefully studied.[182]

On the morrow (March 3) the Empress entered Winchester, and was received

in state in the cathedral, the legate supporting her on the right, and

Bernard of St. David's on the left.[183]

Now, it is most important to have a clear understanding of what really

took place upon this occasion.

The main points to keep before us are—(1) that there are two distinct

episodes, that of the 2nd and 3rd of March, and that of the 7th and 8th

of April, five weeks intervening between them, during which the Empress

left Winchester to make her second progress; (2) that the first episode

was that of her _reception_ at Winchester, the second (also at

Winchester) that of her _election_.

It is, perhaps, not surprising that our historians are here in woeful

confusion. Dr. Stubbs alone is, as usual, right. Writing from the

standpoint of a constitutional historian, he is only concerned with the

election of the Empress, and to this he assigns its correct date.[184]

In his useful and excellent _English History_, Mr. Bright, on the

contrary, ignores the interval, and places the second episode "a few

days after" the first.[185] Professor Pearson, whose work is that which

is generally used for this period, omits altogether the earlier

episode.[186] Mr. Birch, on the other hand, in his historical

introduction to his valuable _fasciculus_ of the charters of the

Empress, ignores altogether the later episode, though he goes into this

question with special care. Indeed, he does more than this; for he

transfers the election itself from the later to the earlier occasion,

and assigns to the episode of March 2 and 3 the events of April 7 and 8.

This cardinal error vitiates his elaborate argument,[187] and, indeed,

makes confusion worse confounded. Mr. Freeman, though, of course, in a

less degree, seems inclined to err in the same direction, when he

assigns to the earlier of the two episodes that importance which belongs

to the later.[188]

Rightly to apprehend the bearing of this episode, we must glance back at

the preceding reigns. Dr. Stubbs, writing of Stephen's accession,

observes that "the example which Henry had set in his seizure and

retention of the crown was followed in every point by his

successor."[189] But on at least one main point the precedent was older

than this. The Conqueror, in 1066, and his heir, in 1087, had both

deemed it their first necessity to obtain possession of Winchester.

Winchester first, and then London, was a rule that thus enjoyed the

sanction of four successive precedents. To secure Winchester with all

that it contained, and with all the _prestige_ that its possession would

confer, was now, therefore, the object of the Empress. This object she

attained by the _pactum_ of the 2nd of March, and with it, as we have

seen, the conditional allegiance of the princely bishop of the see.

Now, Henry of Blois was a great man. As papal legate, as Bishop of

Winchester, and as brother to the captive king, he possessed an

influence, in his triple capacity, which, at this eventful crisis, was

probably unrivalled in the land. But there was one thing that he could

not do—he could not presume, of his own authority, to depose or to

nominate an English sovereign. Indeed the very fact of the subsequent

election (April 8) and of his claim, audacious as it was, that that

election should be the work of the clergy, proves that he had no thought

of the even more audacious presumption to nominate the sovereign

himself. This, then, is fatal to Mr. Birch's contention that the Empress

was, on this occasion (March 3), elected "domina Angliæ." Indeed, as I

have said, it is based on a confusion of the two episodes. The legate,

as Mr. Birch truly says, "consented to recognize (_sic_) the Empress as

_Domina Angliæ_, or Lady, that is, Supreme Governor of England," but,

obviously, he could only do so on behalf of himself and of his

followers. We ought, therefore, to compare his action with that of Miles

of Gloucester in 1139, when, as we have seen, in the words of the

Empress—

"_Recepit_ me ut dominam et sicut illam quam justum hæredem regni

Angliæ _recognovit_ ... et ibi homagium suum mihi fecit ligie contra

omnes homines."[190]

Notice here the identity of expression—the "reception" of the Empress

and the "recognition" of her claims. I have termed the earlier episode

the "reception," and the later the "election" of the Empress. In these

terms is precisely expressed the distinction between the two events.

Take for instances the very passages appealed to by Mr. Birch himself:—

"The exact words employed by William of Malmesbury are 'Nec dubitavit

Episcopus Imperatricem in Dominam Angliæ recipere' (_sic_). In another

place the same Henry de Blois declares of her, 'In Angliæ Normanniæque

Dominam eligimus' (_sic_). This regular election of Mathildis to the

dignity and office of _Domina Angliæ_ took place on Sunday, March 2,

A.D. 1141" (p. 378).

Now we know, from William of Malmesbury himself, that "the regular

election in question" took place on the 8th of April, and that the

second of the passages quoted above refers to this later episode,[191]

while the other refers to the earlier.[192] I have drawn attention to

the two words (_recipere_ and _eligimus_) which he respectively applies

to the "reception" and the "election." The description of this

"reception" by William of Malmesbury[193] completely tallies with that

which is given by the Empress herself in a charter.[194] It should

further be compared with the account by the author of the _Gesta

Stephani_, of the similar reception accorded to Stephen in 1135.[195]

But though the legate could open to the Empress the cathedral and the

cathedral city, he had no power over the royal castle. This we saw in

the case of Stephen, when his efforts to secure the constable's

adherence were fruitless till the king himself arrived. Probably the

constable, at this crisis, was the same William de Pont de l'Arche, but,

whoever he was, he surrendered to the Empress the castle and all that it

contained. In one respect, indeed, she was doomed to be bitterly

disappointed, for the royal treasury, which her adventurous rival had

found filled to overflowing, was by this time all but empty. One

treasure, however, she secured; the object of her desires, the royal

crown, was placed in her triumphant hands.[196]

To the one historian who has dealt with this incident it has proved a

stumbling-block indeed. Mr. Freeman thus boldly attacks the problem:—

"William of Malmesbury (_Hist. Nov._, iii. 42) seems distinctly to

exclude a coronation; he merely says, 'Honorifica factâ processione,

recepta est in ecclesia episcopatus Wintoniæ.' We must, therefore, see

only rhetoric when the Continuator says, 'Datur ejus dominio corona

Angliæ,' and when the author of the _Gesta_ (75) speaks of 'regisque

castello, et regni coronâ, quam semper ardentissime affectârat, ... in

deliberationem suam contraditis,' and adds that Henry 'dominam et

_reginam_ acclamare præcepit.' The Waverley Annalist, 1141, ventures to

say, 'Corona regni est ei tradita.'"[197]

"Only rhetoric." Ah, how easily could history be written, if one could

thus dispose of inconvenient evidence! So far from being "rhetoric," it

is precisely because these statements are so strictly matter-of-fact

that the writer failed to grasp their meaning. Had he known, or

remembered, that the royal crown was preserved in the royal treasury,

the passage by which he is so sorely puzzled would have proved

simplicity itself.[198]

Here again, light is thrown on these events and on the action of the

Empress by the precedent in the case of her father (1100), who, on the

death of his brother, hastened to Winchester Castle ("ubi regalis

thesaurus continebatur"), which was formally handed over to him with all

that it contained ("arx cum regalibus gazis filio regis Henrico reddita

est").[199]

We have yet to consider the passage from the _Gesta_, to which Mr. Birch

so confidently appeals, and which is dismissed by Mr. Freeman as

"rhetoric." The passage runs:—

"In publica se civitatis et fori audientia dominam et reginam acclamare

præcepit."[200]

By a strange coincidence it has been misconstrued by both writers

independently. Mr. Freeman, as we saw, takes "præcepit" as referring to

Henry himself, and so does Mr. Birch.[201] Though the sentence as a

whole may be obscure, yet the passage quoted is quite clear. The words

are "præcepit _se_," not "præcepit illam." Thus the proclamation, if

made, was the doing of the Empress and not of the legate. Had the legate

been indeed responsible, his conduct would have been utterly

inconsistent. But as it is, the difficulty vanishes.[202]

To the double style, "domina et regina," I have made reference above. My

object now is to examine this assumption of the style "regina" by the

Empress. It might perhaps be urged that the author of the _Gesta_ cannot

here be implicitly relied on. His narrative, however, is vigorous and

consistent; it is in perfect harmony with the character of the Empress;

and so far as the assumption of this style is concerned, it is

strikingly confirmed by that Oxford charter, to which we are now coming.

After her election (April 8), the Empress might claim, as queen elect,

the royal title, but if that were excusable, which is granting much, its

assumption before her election could admit of no defence. Yet,

headstrong and impetuous, and thirsting for the throne, she would

doubtless urge that her rival's fall rendered her at once _de facto_

queen. But this was as yet by no means certain. Stephen's brother, as we

know, was talked of, and the great nobles held aloof. The Continuator,

indeed, asserts that at Winchester (March) were "præsules pene totius

Angliæ, barones multi, principes plurimi" (p. 130), but William, whose

authority is here supreme, does not, though writing as a partisan of the

Empress, make any allusion to their presence.[203] Moreover, the primate

was still in doubt, and of the five bishops who were present with the

legate, three (St. David's, Hereford, and Bath) came from districts

under the influence of the Empress, while the other two (Lincoln and

Ely) were still smarting beneath Stephen's action of two years before

(1139).

The special interest, therefore, of this bold proclamation at Winchester

lies in the touch it gives us of that feminine impatience of the

Empress, which led her to grasp so eagerly the crown of England in her

hands, and now to anticipate, in this hasty manner, her election and

formal coronation.[204]

Within a few days of her reception at Winchester, she retraced her steps

as far as Wilton, where it was arranged that she should meet the

primate, with whom were certain bishops and some lay folk.[205]

Theobald, however, professed himself unable to render her homage until

he had received from the king his gracious permission to do so.[206] For

this purpose he went on to Bristol, while the Empress made her way to

Oxford, and there spent Easter (March 30th).[207] We must probably

assign to this occasion her admission to Oxford by Robert d'Oilli.[208]

The Continuator, indeed, assigns it to May, and in this he is followed

by modern historians. Mr. Freeman, for instance, on his authority,

places the incident at that stage,[209] and so does Mr. Franck

Bright.[210]

But the movements of the Empress, at this stage, are really difficult to

determine. Between her presence at Oxford (March 30)[211] and her

presence at Reading (May 5-7),[212] we know nothing for certain. One

would imagine that she must have attended her own election at Winchester

(April 7, 8), but the chroniclers are silent on the subject, though

they, surely, would have mentioned her presence. On the whole, it seems

most probable that the Continuator must be in error, when he places the

adhesion of Robert d'Oilli so late as May (at Reading) and takes the

Empress subsequently to Oxford, as if for the first time.

It was, doubtless, through her "brother" Robert "fitz Edith" that his

step-father, Robert d'Oilli, was thus won over to her cause. It should

be noted that his defection from the captive king is pointedly mentioned

by the author of the _Gesta_, even before that of the Bishop of

Winchester, thus further confirming the chronology advanced above.[213]

At Oxford she received the submission of all the adjacent country,[214]

and also executed an important charter. This charter Mr. Birch has

printed, having apparently collated for the purpose no less than five

copies.[215] Its special interest is derived from the fact that not only

is it the earliest charter she is known to have issued after Stephen's

fall (with the probable exception of that to Thurstan de Montfort), but

it is also the only one of her charters in which we find the royal

phrases "ecclesiarum _regni mei_" and "pertinentibus _coronæ meæ_." Mr.

Birch writes of its testing-clause ("Apud Oxeneford Anno ab Incarnatione

Domini MC. quatragesimo"):

The date of this charter is very interesting, because it is the only

example of an actual date calculated by expression of the years of the

Incarnation, which occurs among the entire series which I have been

able to collect.... Now, as the historical year in these times

commenced on the 25th of March, there is no doubt but that this charter

was granted to the Abbey of Hulme at some time between the 3rd and the

25th of March, A.D. 1140-41.[216]

Mr. Eyton has also independently discussed it (though his remarks are

still in MS.), and detects, with his usual minute care, a difficulty, in

one of the three witnesses, to which Mr. Birch does not allude.

"St. Benet of Hulme.

"The date given (1140) seems to combine with another circumstance to

lead to error. Matilda's style is 'Matild' Imp. H. regis filia,' not,

as usual, 'Anglorum domina.' One might therefore conclude that the deed

passed before the battle of Lincoln, and so in 1140. However, this

conclusion would be wrong, for though Matᵃ does not style herself

Queen, she asserts in the deed Royal rights and speaks of matters

pertaining 'coronæ meæ.' But we do not know that Maud was ever in

Oxford before Stephen's captivity, nor can we think it. Again, it is

certain that Robᵗ de Sigillo did not become Bishop of London till

after Easter, 1141, for at Easter, 1142, he expressly dates his own

deed 'anno primo pontif' mei.' He was almost certainly appointed when

Maud was in London in July, 1141, for he attests Milo's patent of

earldom on July 25."[217]

The omission of the style "Anglorum domina" is, however, strictly

correct, and not, as Mr. Eyton thought, singular. For it was not till

her election on the 8th of April that she became entitled to use this

style. As for her assumption of the royal phrases, it is here simply

_ultra vires_. Then, as to the attesting bishop ("R. episcopo

Londoniensi"), his presence is natural, as he was a monk of Reading, and

his position would seem to be paralleled by that of his predecessor

Maurice, who appears as bishop in the Survey, though, probably, only

elect. As her father "gave the bishopric of Winchester" the moment he

was elected, and before he was crowned,[218] so the Empress "gave," it

would seem, the see of London to Robert "of the Seal," even before her

formal election—an act, it should be noted, thoroughly in keeping with

her impetuous assumption of the regal style. Besides the bishop and the

Earl of Gloucester, there is a third witness to this charter—"Reginaldo

filio Regis." No one, it seems, has noticed the fact that here alone,

among the charters of the Empress, Reginald attests not as an earl,

which confirms the early date claimed for this charter. A charter which

I assign to the following May is attested by him: "Reginaldo _comite_

filio regis." This would seem to place his creation between the dates of

these charters, _i.e._ _circ._ April (1141).[219] To sum up, the

evidence of this charter is in complete agreement with that of William

of Malmesbury, when he states that the Empress spent Easter (March 30)

at Oxford; and we further learn from it that she must have arrived there

at least as early as the 24th of March.

The fact that Mr. Freeman, in common with others, has overlooked this

early visit of the Empress in March, is no doubt the cause of his having

been misled, as I have shown, by the Continuator's statement.

The Assembly at Winchester took place, as has been said, on the 7th and

8th of April. William of Malmesbury was present on the occasion, and

states that it was attended by the primate "and all the bishops of

England."[220] This latter phrase may, however, be questioned, in the

light of subsequent charter evidence.

The proceedings of this council have been well described, and are so

familiar that I need not repeat them. On the 7th was the private

conclave; on the 8th, the public assembly. I am tempted just to mention

the curiously modern incident of the legate (who presided) commencing

the proceedings by reading out the letters of apology from those who had

been summoned but were unable to be present.[221] On the 8th the legate

announced to the Assembly the result of the previous day's conclave:—

"filiam pacifici regis ... in Angliæ Normanniæque dominam eligimus, et

ei fidem et manutenementum promittimus."[222]

On the 9th, the deputation summoned from London arrived and was informed

of the decision; on the 10th the assembly was dissolved.

The point I shall here select for discussion is the meaning of the term

"domina Angliæ," and the effect of this election on the position of the

Empress.

First, as to the term "domina Angliæ." Its territorial character must

not be overlooked. In the charters of the Empress, her style "Ang'

domina" becomes occasionally, though very rarely, "Anglor' domina,"

proving that its right extension is "Angl_orum_ Domina," which differs,

as we have seen, from the chroniclers' phrase. The importance of the

distinction is this. "Rex" is royal and national; "dominus" is feudal

and territorial. We should expect, then, the first to be followed by the

nation ("Anglorum"), the second by the territory ("Angliæ"). But, in

addition to its normal feudal character, the term may here bear a

special meaning.

It would seem that the clue to its meaning in this special sense was

first discovered by the late Sir William (then Mr.) Hardy ("an ingenious

and diligent young man," as he was at the time described) in 1836. He

pointed out that "Dominus Anglie" was the style adopted by Richard I.

"between the demise of his predecessor and his own coronation."[223] Mr.

Albert Way, in a valuable paper on the charters belonging to Reading

Abbey, which appeared some twenty-seven years later,[224] called

attention to the styles "Anglorum _Regina_" and "Anglorum _Domina_," as

used by the Empress.[225] As to the former, he referred to the charter

of the Empress at Reading, granting lands to Reading Abbey.[226] As to

the latter ("Domina Anglorum"), he quoted Mr. Hardy's paper on the

charter of Richard I., and urged that "the fact that Matilda was never

crowned Queen of England may suffice to account for her being thus

styled" (p. 283). He further quoted from William of Malmesbury the two

passages in which that chronicler applies this style to the

Empress,[227] and he carefully avoided assigning them both to the

episode of the 2nd of March. Lastly, he quoted the third passage, that

in the _Gesta Stephani_.

Mr. Birch subsequently read a paper "On the Great Seals of King Stephen"

before the Royal Society of Literature (December 17, 1873), in which he

referred to Mr. Way's paper, as the source of one of the charters of

which he gave the text, and in which he embodied Mr. Way's observations

on the styles "Regina" and "Domina."[228] But instead, unfortunately, of

merely following in Mr. Way's footsteps, he added the startling error

that Stephen was a prisoner, and Matilda consequently in power, till

1143. He wrote thus:—

"Did the king ever cease to exercise his regal functions? Were these

functions performed by any other constitutional sovereign meanwhile?

The events of the year 1141 need not to be very lengthily discussed to

demonstrate that for a brief period there was a break in Stephen's

sovereignty, and a corresponding assumption of royal power by another

ruler unhindered and unimpeached by the lack of any formality necessary

for its full enjoyment.... William of Malmesbury, writing with all the

opportunity of an eye-witness, and moving in the royal court at the

very period, relates at full length in his _Historia Novella_ (ed.

Hardy, for Historical Society, vol. ii. p. 774[229]), the particulars

of the conference held at Winchester subsequent to the capture of

Stephen after the battle of Lincoln, in the early part of the year, 4

Non. Feb. A.D. 1141.... This election of Matilda as Domina of England

in place of Stephen took place on Sunday, March 2, 1141.... Until the

liberation of the king from his incarceration at Bristol, as a sequel

to the battle at Winchester in A.D. 1143, so disastrous to the hopes of

the Empress, she held her position as queen at London. The narrative of

the events of this period, as given by William of Malmesbury in the

work already quoted, so clearly points to her enjoyment of all temporal

power needed to constitute a sovereign, that we must admit her name

among the regnant queens of England" (pp. 12-14).

Two years later (June 9, 1875), Mr. Birch read a paper before the

British Archæological Association,[230] in which, in the same words, he

advanced the same thesis.

The following year (June 28, 1876), in an instructive paper read before

the Royal Society of Literature,[231] Mr. Birch wrote thus:—

"As an example of new lights which the study of early English seals has

thus cast upon our history (elucidations, as it were, of facts which

have escaped the keen research of every one of our illustrious band of

historians and chroniclers for upwards of seven hundred years), an

examination into the history of the seal of Mathildis or Maud, the

daughter and heiress of King Henry I. (generally known as the Empress

Maud, or _Mathildis Imperatrix_, from the fact of her marriage with the

Emperor Henry V. of Germany), has resulted in my being fortunately

enabled to demonstrate that royal lady's undisputed right to a place in

all tables or schemes of sovereigns of England; nevertheless it is, I

believe, a very remarkable fact that her position with regard to the

throne of England should have been so long, so universally, and so

persistently ignored, by all those whose fancy has led them to accept

facts at second hand, or from perfunctory inquiries into the sources of

our national history rather than from careful step-by-step pursuit of

truth through historical tracks which, like indistinct paths in the

primæval forest, often lead the wanderer into situations which at the

outset could not have been foreseen. In a paper on this subject which I

prepared last year, and which is now published in the _Journal of the

British Archæological Association_, I have fully explained my views of

the propriety of inserting the name of Mathildis or Maud as Queen of

England into the History Tables under the date of 1141-1143; and as

this position has never as yet been impugned, we may take it that it is

right in the main; and I have shown that until the liberation of King

Stephen from his imprisonment at Bristol, as a sequel to the battle at

Winchester in 1143 (so disastrous to the prospects of Mathildis), she

held her position as queen, most probably at London....

"Now, I have introduced this apparent digression in this place to point

to the importance of the study of historical seals, for my claim to the

restoration of this queen's name is not due so much to my own

researches as it is to the unaccountable oversight of others."[232]

I fear that, notwithstanding Mr. Birch's criticism on all who have gone

before him, a careful analysis of the subject will reveal that the only

addition he has made to our previous knowledge on this subject, as set

forth in Mr. Way's papers, consists in two original and quite

incomprehensible errors: one of them, the assigning of Maud's election

to the episode of the 2nd and 3rd of March, instead of to that of the

7th and 8th of April (1141); the other, the assigning of Stephen's

liberation to 1143 instead of 1141. When we correct these two errors,

springing (may we say, in Mr. Birch's words?) "from perfunctory

inquiries into the sources of our national history rather than from

careful step-by-step pursuit of the truth," we return to the _status quo

ante_, as set forth in Mr. Way's paper, and find that "the unaccountable

oversight," by all writers before Mr. Birch, of the fact that the

Empress "held her position as queen," for more than two years, "most

probably at London," is due to the fact that her said rule lasted only a

few months, or rather, indeed, a few weeks, while in London itself it

was numbered by days.

But though it has been necessary to speak plainly on Mr. Birch's

unfortunate discovery, one can probably agree with his acceptance of the

view set forth by Mr. Hardy, and espoused by Mr. Way, that the style

"domina" represents that "dominus" which was used as "a temporary title

for the newly made monarch during the interval which was elapsing

between the death of the predecessor and the coronation day of the

living king."[233] To Mr. Hardy's instance of Richard's style, "Dominus

Angl[iæ]," August, 1189, we may add, I presume, that of John, "Dominus

Angliæ," April 17th and 29th, (1199).[234] Now, if this usage be clearly

established, it is certainly a complete explanation of a style of which

historians have virtually failed to grasp the relevance.

But a really curious parallel, which no one has pointed out, is that

afforded in the reign immediately preceding this, by the case of the

king's second wife. Great importance is rightly attached to "the

election of the Empress as 'domina Angliæ'" (as Dr. Stubbs describes

it[235]), and to the words which William of Malmesbury places in the

legate's mouth;[236] and yet, though the fact is utterly ignored, the

very same formula of election is used in the case of Queen "Adeliza,"

twenty years before (1121)!

The expression there used by the Continuator is this: "Puella prædicta,

_in regni dominam electa_, ... regi desponsatur" (ii. 75). That is to

say that before her marriage (January 29) and formal coronation as queen

(January 30) she was elected, it would seem, "Domina Angliæ." The phrase

"in regni dominam electa" precisely describes the _status_ of the

Empress after her election at Winchester, and before that formal

coronation at Westminster which, as I maintain, was fully intended to

follow. We might even go further still, and hold that the description of

Adeliza as "futuram regni dominam,"[237] when the envoys were despatched

to fetch her, implies that she had been so elected at that great

Epiphany council, in which the king "decrevit sibi in uxorem

Atheleidem."[238] But I do not wish to press the parallel too far. In

any case, precisely as with the Empress afterwards, she was clearly

"domina Angliæ" before she was crowned queen. And, if "electa" means

elected, the fact that these two passages, referring to the two

elections (1121 and 1141), come from two independent chronicles proves

that the terms employed are no idiosyncracy, but refer to a recognized

practice of the highest constitutional interest.

Of course the fact that the same expression is applied to the election

of Queen "Adeliza" as to that of the Empress herself, detracts from the

importance of the latter event, regarded as an election to the throne.

At the same time, I hold that we should remember, as in the case of

Stephen, the feudal bearing of "dominus." For herein lies its difference

from "Rex." The "dominatus" of the Empress over England is attained step

by step.[239] At Cirencester, at Winchester, at Oxford, she becomes

"domina" in turn.[240] Not so with the royal title. She could be "lady"

of a city or of a man: she could be "queen" of nothing less than

England.

I must, however, with deep regret, differ widely from Mr. Birch in his

conclusions on the styles adopted by the Empress. These he classes under

three heads.[241] The second ("Mathildis Imperatrix Henrici regis filia

et Anglorum regina") is found in only two charters, which I agree with

him in assigning "to periods closely consecutive," not indeed to the

episode of March 2 and 3, but to that of April 7 and 8. Of his remaining

twenty-seven charters, thirteen belong to his first class and fourteen

to his third, a proportion which makes it hard to understand why he

should speak of the latter as "by far the most frequent."

Of the first class ("Mathildis Imperatrix Henrici Regis filia") Mr.

Birch writes:—

"It is most probable that these documents are to be assigned to a

period either before the death of her father, King Henry I., or at most

to the initial years of Stephen, before any serious attempt had been

made to obtain the possession of the kingdom."

Now, it is absolutely certain that not a single one of them can be

assigned to the period suggested, that not one of them is previous to

that 2nd of March (1141) which Mr. Birch selects as his turning-point,

still less to "the death of her father" (1135). Nay, on Mr. Birch's own

showing, the first and most important of these documents should be dated

"between the 3rd of March and the 24th of July, A.D. 1141" (p. 380), and

two others (Nos. 21, 28) "must be ascribed to a date between 1149 and

1151" (p. 397 _n._). Nor is even this all, for as in two others the son

of the Empress is spoken of as "King Henry," they must be as late as the

reign of Henry II.

So, also, with the third class ("Mathildis Imperatrix Henrici regis

filia et Anglorum domina"), of which we are told that it—

"was in the first instance adopted—I mean used—in those charters which

contain the word and were promulgated between A.D. 1135 and A.D. 1141,

by reason of the ceremony of coronation not yet having been performed;

and with regard to those charters which are placed subsequent to A.D.

1141, either because the ceremony was still unperformed, although she

had the possession of the crown, or because of some stipulation with

her opponents in power" (p. 383).

Here, again, it is absolutely certain that not a single one of these

charters was "promulgated between A.D. 1135 and A.D. 1141." We have,

therefore, no evidence that the Empress, in her charters, adopted this

style until the election of April 7 and 8 (1141) enabled her justly to

do so. But the fact is that Mr. Birch's theory is not only based, as we

have seen, on demonstrably erroneous hypotheses, but must be altogether

abandoned as opposed to every fact of the case. For the two styles which

he thus distinguishes were used at the same time, and even in the same

document. For instance, in the very first of Mr. Birch's documents, that

great charter to Geoffrey de Mandeville, to which we shall come, in the

next chapter, issued at the height of Matilda's power, and on the eve,

as we shall see, of her intended coronation, "Anglorum domina" is

omitted from her style, and the document is therefore, by Mr. Birch,

assigned to the first of his classes. Yet I shall show that in a portion

of the charter which has perished, and which is therefore unknown to Mr.

Birch, her style is immediately repeated with the addition "Anglorum

Domina." It is clear, then, on Mr. Birch's own showing, that this

document should be assigned both to his first and to his third classes,

and, consequently, that the distinction he attempts to draw has no

foundation in fact.

Mr. Birch's thesis would, if sound, be a discovery of such importance

that I need not apologize for establishing, by demonstration, that it is

opposed to the whole of the evidence which he himself so carefully

collected. And when we read of Stephen's "incarceration at Bristol,

which was not terminated until the battle of Winchester in A.D. 1143,

when the hopes of the Empress were shattered" (p. 378), it is again

necessary to point out that her flight from Winchester took place not in

1143, but in September, 1141. Mr. Birch's conclusion is thus expressed:—

"We may, therefore, take it as fairly shown that until the liberation

of the king from his imprisonment at Bristol (as a sequel to the battle

at Winchester in A.D. 1143, so disastrous to the queen's hopes) she

held her position, as queen, most probably at London," etc. (p. 380).

Here, as before, it is needful to remember that the date is all wrong,

and that the triumph of the Empress, so far from lasting two years or

more, lasted but for a few months of the year 1141, in the course of

which she was not at London for more than a few days.

And now let us turn to my remaining point, "the effect of this election

on the position of the Empress."

To understand this, we must glance back at the precedents of the four

preceding reigns. The Empress, as I have shown, had followed these

precedents in making first for Winchester: she had still to follow them

in securing her coronation and anointing at Westminster. It is passing

strange that all historians should have lost sight of this circumstance.

For the case of her own father, in whose shoes she claimed to stand, was

the aptest precedent of all. As he had been elected at Winchester, and

then crowned at Westminster, so would she, following in his footsteps.

The growing importance of London had been recognized in successive

coronations from the Conquest, and now that it was rapidly supplanting

Winchester as the destined capital of the realm, it would be more

essential than ever that the coronation should there take place, and

secure not merely the _prestige_ of tradition, but the assent of the

citizens of London.[242]

It has not, however, so far as I know, occurred to any writer that it

was the full intention of the Empress and her followers that she should

be crowned and anointed queen, and that, like those who had gone before

her, she should be so crowned at Westminster. It is because they failed

to grasp this that Dr. Stubbs and Mr. Freeman are both at fault. The

former writes:—

"Matilda became the Lady of the English; she was not crowned, because

perhaps the solemn consecration which she had received as empress

sufficed, or perhaps Stephen's royalty was so far forth

indefeasible."[243]

"No attempt was made to crown the Empress; the legate simply proposes

that she should be elected Lady of England and Normandy. It is just

possible that the consecration which she had once received as empress

might be regarded as superseding the necessity of a new ceremony of the

kind, but it is far more likely that, so long as Stephen was alive and

not formally degraded, the right conferred on him by coronation was

regarded as so far indefeasible that no one else could be allowed to

share it."[244]

Dr. Stubbs appears here to imply that we should have expected her

coronation to follow her election. And in this he is clearly right. Mr.

Freeman, however, oddly enough, seems to have looked for it _before_ her

election. This is the more strange in a champion of the elective

principle. He writes thus of her reception at Winchester, five weeks

before her election:—

"If Matilda was to reign, her reign needed to begin by something which

might pass for an election and coronation. But her followers, Bishop

Henry at their head, seem to have shrunk from the actual crowning and

anointing ceremonies, which—unless Sexburh had, ages before, received

the royal consecration—had never, either in England or in Gaul, been

applied to a female ruler. Matilda was solemnly received in the

cathedral church of Winchester; she was led by two bishops, the legate

himself and Bernard of St. David's, as though to receive the crown and

unction, but no crowning and no unction is spoken of."[245]

At the same time, he recurs to the subject, after describing the

election, thus:—

"Whether any consecration was designed to follow, whether at such

consecration she would have been promoted to the specially royal title,

we are not told."[246]

But all this uncertainty is at once dispelled when we learn what was

really intended. Taken in conjunction with the essential fact that

"domina" possessed the special sense of the interim royal title, the

intention of the Empress to be crowned at Westminster, and so to become

queen in name as well as queen in deed, gives us the key to the whole

problem. It explains, moreover, the full meaning of John of Hexham's

words, when he writes that "David rex videns multa competere in

imperatricis neptis suæ promotionem post Ascensionem Domini (May 8) ad

eam in Suth-Anglia profectus est ... plurimosque ex principibus sibi

acquiescentes habuit ut ipsa promoveretur ad totius regni fastigium." We

shall see how this intention was only foiled by the sudden uprising of

the citizens; and in the names of the witnesses to Geoffrey's charter we

shall behold those, "tam episcopi quam cinguli militaris viri, qui _ad

dominam inthronizandam_ pomposé Londonias et arroganter convenerant."[247]

[161] _Will. Malms._, p. 724; _Gesta Stephani_, p. 56.

[162] _Will. Malms._, p. 724. See Appendix E.

[163] Such are the alternatives presented by Henry of Huntingdon (p.

266). The treacherous counsel alluded to was that of his brother the

legate (_Gesta Stephani_, p. 57). According to John of Hexham (_Sym.

Dun._ ii. 302), Stephen acted "ex indiscretâ animi simplicitate."

[164] _Will. Malms._, p. 725.

[165] See Appendix F: "The Defection of Miles of Gloucester."

[166] _Will. Malms._, p. 725; _Cont. Flor._, p. 118. Here the

Continuator's chronology is irreconcilable with that of our other

authorities. He states that the Empress removed to Gloucester on October

15, after a stay of two months at Bristol. This is, of course,

consistent, it should be noticed, with the date (August 1) assigned by

him for her landing.

[167] The text is taken from the transcript in Lansdowne MS. 229, fol.

123, collated with Dugdale's transcript in his MSS. at the Bodleian

Library (L. 21). It will be seen that Dugdale transcribed _verbatim_,

while the other transcript begins in _narratio obliqua_.

[168] "Sciatis quod" (D.).

[169] "Mei" (D.).

[170] "Me" (D.).

[171] These were specially excepted from the grants of royal demesne

made by Henry II. to his son, the second earl.

[172] _Cont. Flor._, p. 129; _Will. Malms._, p. 712; _Gesta_, p. 72.

[173] _Ibid._; _John Hex._, p. 308; _Hen. Hunt._, p. 275.

[174] _Gesta_, p. 72.

[175] "Ob illiusmodi eventum vehementer exhilarata, utpote regnum sibi

juratum, sicut sibi videbatur, jam adepta" (_Cont. Flor._, p. 130).

[176] _Cont. Flor._, 130.

[177] "Simul et ejusdem civitatis sumens dominium" (_ibid._).

[178] "Ut ipsam tanquam regis Henrici filiam et cui omnis Anglia et

Normannia jurata esset, incunctanter in ecclesiam et regnum reciperet"

(_Will. Malms._, p. 743). Compare the writer's description of the oath

(1127) that the magnates "imperatricem _incunctanter_ et sine ullâ

retractione dominam susciperent" (p. 690).

[179] _Journ. B. A. A._, xxxi. 389. Mr. Howlett asserts that the

evidence of William of Malmesbury as to the date (2nd and 3rd of March)

"is refuted" by this charter, which places them a fortnight earlier

(Introduction to _Gesta Stephani_, p. xxii.). But I do not think the

evidence of the charter is sufficiently strong to overthrow the accepted

date.

[180] "Pluvioso et nebuloso die" (_Will. Malms._, p. 743).

[181] _Cont. Flor._, p. 130; _Will. Malms._, p. 743.

[182] "Juravit et affidavit imperatrix episcopo, quod omnia majora

negotia in Anglia, precipueque donationes episcopatuum et abbatiarum,

ejus nutum spectarent, si eam ipse in sancta ecclesia in dominam

reciperet, et perpetuam ei fidelitatem teneret. Idem juraverunt cum ea,

et affidaverunt pro ea, Robertus frater ejus comes de Gloecestrâ, et

Brianus filius comitis marchio de Walingeford et Milo de Gloecestrâ,

postea comes de Hereford, et nonnulli alii. Nec dubitavit episcopus

imperatricem in dominam Angliæ recipere et ei cum quibusdam suis

affidare, quod, quamdiu ipsa pactum non infringeret, ipse quoque fidem

ei custodiret" (_Will. Malms._, 743, 744). The parallel afforded by the

customs of Bigorre, as recorded (it is alleged) in 1097, is so striking

as to deserve being quoted here. Speaking of the reception of a new

lord, they provide that "antequam habitatorum terræ fidejussores

accipiat, fide sua securos eos faciat ne extra consuetudines patrias vel

eas in quibus eos invenerit aliquod educat; hoc autem sacramento et fide

quatuor nobilium terræ faciat confirmari."

[183] "Crastino, quod fuit quinto nonas Martii, honorifica facta

processione recepta est in ecclesia episcopatus Wintoniæ," etc., etc.

(_ibid._).

[184] _Const. Hist._, i. 326 (_note_); _Early Plantagenets_, 22.

[185] _English History for the Use of Public Schools_, i. 83. The

mistake may have arisen from a confusion with the departure of the

Empress from Winchester a few days ("paucis post diebus") after her

reception.

[186] _History of England during the Early and Middle Ages_, i. 478.

[187] _Journ. Brit. Arch. Ass._, xxxi. 377-380.

[188] _Norm. Conq._, v. 303. At the same time it is right to add that

this is not a question of accuracy, but merely of treatment. In the

marginal notes the two episodes are respectively assigned to their

correct dates.

[189] _Const. Hist._, i. 318.

[190] Compare also, even further back, the action, in Normandy, of

Gingan Algasil in December, 1135, who, on the appearance of the Empress,

"[eam] ut naturalem dominam suscepit, eique ... oppida quibus ut

vicecomes, jubente rege præerat, subegit" (_Ord. Vit._, v. 56).

[191] _Will. Malms._, p. 747.

[192] _Ibid._, p. 743.

[193] "Honorifica facta processione _recepta est_ in ecclesia" (p. 744).

[194] "Idem prelatus et cives Wintonie honorifice in ecclesia et urbe

Wintonie me _receperunt_" (_Journ. Brit. Arch. Ass._, xxxi. 378)

[195] "Præsul Wintonie ... cum dignioribus Wintonie civibus obvius ei

advenit, habitoque in communi brevi colloquio, in civitatem, secundam

duntaxat regni sedem, honorifice induxit" (p. 5). Note that in each case

the "colloquium" preceded the entry.

[196] "Regisque castello, et regni coronâ, quam semper ardentissimé

affectârat thesaurisque quos licet perpaucos rex ibi reliquerat, in

deliberationem suam contraditis" (_Gesta_, 75).

[197] _Norm. Conquest_, v. 804 (_note_).

[198] As an instance of the crown being kept at Winchester, take the

entry in the Pipe-Roll of 4 Hen. II.: "In conducendis coronis Regis ad

Wirecestre de Wintoniâ," the crowns being taken out to be worn at

Worcester, Easter, 1158. Oddly enough, Mr. Freeman himself alludes, in

its place, to a similar taking out of the crown, from the treasury at

Winchester, to be worn at York, Christmas, 1069. The words of Ordericus,

as quoted by him, are: "Guillelmus ex civitate Guentâ jubet adferri

coronam, aliaque ornamenta regalia et vasa" (cf. _Dialogus_, I. 14).

[199] _Ordericus Vitalis._

[200] _Gesta_, 75; _Journ. Brit. Arch. Ass._, xxxi. 378.

[201] "He (_sic_) ordered that she should be proclaimed lady and queen."

[202] The _Gesta_ itself is, on this point, conclusive, for it

distinctly states that the Empress "solito severius, solito et

arrogantius procedere et loqui, et cuncta cœpit peragere, adeo ut in

ipso mox domini sui capite reginam se totius Angliæ fecerit, _et

gloriata fuerit appellari_."

[203] _Will. Malms._, 744.

[204] To this visit (if the only occasion on which she was at Winchester

in the spring) must belong the Empress's charter to Thurstan de

Montfort. As it is not comprised in Mr. Birch's collection, I subjoin it

_in extenso_ (from Dugdale's MSS.):—

"M. Imperatrix H. Regis filia Rogero Comiti de Warwick et omnibus

fidelibus suis Francis et Anglis de Warewicscire salutem. Sciatis me

concessisse Thurstino de Monteforti quod habeat mercatum die dominica ad

castellum suum de Bellodeserto. Volo igitur et firmiter præcipio

quatenus omnes euntes, et stantes, et redeuntes de Mercato prædicto

habeant firmam pacem. T. Milone de Glocestria. Apud Wintoniam."

As Milo attests not as an earl, this charter cannot belong to the

subsequent visit to Winchester in the summer. The author of the Gesta

mentions the Earl of Warwick among those who joined the Empress at once

"sponte nulloque cogente."

[205] _Cont. Flor. Wig._, p. 130.

[206] This he did on the ground that the recognition of Stephen as king

by the pope, in 1136, was binding on all ecclesiastics (_Historia

Pontificalis_). _Vide infra_, p. 69, _n._ 1.

[207] _Will. Malms._, p. 744. Oddly enough, Miss Norgate gives this very

reference for her statement that in a few days the Archbishop of

Canterbury followed the legate's example, and swore fealty to the

Empress at Wilton.

[208] "Convenitur ibi ab eadem de principibus unus, vocabulo Robertus de

Oileio, de reddendo Oxenfordensi castello; quo consentiente, venit illa,

totiusque civitatis et circumjacentis regionis suscepit dominium atque

hominium" (_Cont. Flor. Wig._, p. 131).

[209] "She then made her way to London by a roundabout path. She was

received at Oxford by the younger Robert of Oily," etc. (_Norm. Conq._,

v. 306).

[210] _English History_, I. 83.

[211] _Will. Malms._

[212] _Cont. Flor. Wig._

[213] "Aliis quoque sponte, nulloque cogente, ad comitissæ imperium

conversis (ut Robertus de Oli, civitatis Oxenefordiæ sub rege præceptor,

et comes ille de Warwic, viri molles, et deliciis magis quam animi

fortitudine affluentes)" (p. 74).

[214] _Cont. Flor. Wig._ (_ut supra_).

[215] _Journ. B. A. A._, xxxi. 388, 389. It will also be found in the

_Monasticon_ (iii. 87).

[216] _Journ. B. A. A._, xxxi. p. 379.

[217] _Addl. MSS._, 31,943, fol. 118.

[218] _Ang. Sax. Chron._, A.D. 1100.

[219] Relying on the explicit statement of the chronicler (_Will.

Malms._, p. 732), that the Earl of Gloucester "fratrem etiam suum

Reinaldum in tanta difficultate temporis comitem Cornubiæ creavit,"

historians and antiquaries have assigned this creation to 1140 (see

Stubbs' _Const. Hist._, i. 362, _n._; Courthope's _Historic Peerage_;

Doyle's _Official Baronage_). In the version of Reginald's success given

by the author of the _Gesta_, there is no mention of this creation, but

that may, of course, be rejected as merely negative evidence. The above

charter, however, certainly raises the question whether he had indeed

been created earl at the time when he thus attested it. The point may be

deemed of some importance as involving the question whether the Empress

did really create an earl before the triumph of her cause.

[220] "Concilium archiepiscopi Cantuariæ Thedbaldi, et omnium

episcoporum Angliæ" (p. 744). Strange to say, Professor Pearson (I. 478)

states that "Theobald remained faithful" to Stephen, though he had now

formally joined the Empress. On the other hand, "Stephen's queen and

William of Ypres" are represented by him as present, though they were

far away, preparing for resistance. An important allusion to the

primate's conduct at this time is found (under 1148) in the _Historia

Pontificalis_ (Pertz's _Monumenta Historica_, vol. xx.), where we read

"propter obedienciam sedis apostolicæ proscriptus fuerat, quando urgente

mandato domni Henrici Wintoniensis episcopi tunc legationem fungentis in

Anglia post alios episcopos omnes receperat Imperatricem ... licet

inimicissimos habuerit regem et consiliarios suos."

[221] "Si qui defuerunt, legatis et literis causas cur non venissent

dederunt.... Egregie quippe memini, ipsâ die, post recitata scripta

excusatoria quibus absentiam suam quidem tutati sunt," etc. (_Will.

Malms._, pp. 744, 745). Is it possible that we have, in "legati," a hint

at attendance by proxy?

[222] _Ibid._, p. 746.

[223] _Archæologia_, xxvii. 110. See the charter in question in the

Pipe-Roll Society's "Ancient Charters," Part I., p. 92.

[224] _Arch. Journ._ (1863), xx. 281-296.

[225] _Ibid._, p. 283. Mr. Way adopts the extension "Angl_orum_"

throughout.

[226] "The only instances in which we have documentary evidence that she

styled herself Queen of England occur in two charters of this period"

(_ibid._).

[227] _Vide supra_, pp. 61, 69.

[228] Pp. xi.-xiv. (see footnotes).

[229] The volume closes at p. 769.

[230] "A Fasciculus of the Charters of Mathildis, Empress of the

Germans, and an Account of her Great Seal" (_Journ. Brit. Arch. Ass._,

xxxi. 376-398).

[231] "On the Seals of King Henry the Second and of his Son, the

so-called Henry the Third" (_Transactions_, vol. xi. part 2, New

Series).

[232] Pp. 2, 3.

[233] _Journ. B. A. A._, xxxi. 383.

[234] Wells _Liber Albus_, fol. 10 (_Hist. MSS. Report on Wells MSS._).

[235] _Const. Hist._, i. 326, 341, 342.

[236] "In Angliæ Normanniæque dominam eligimus."

[237] _Cont. Flor. Wig._, ii. 75. See Addenda.

[238] _Ibid._

[239] "Pleraque tunc pars Angliæ dominatum ejus suscipiebat" (_Will.

Malms._, p. 749).

[240] "Ejusdem civitatis sumens dominium ... totiusque civitatis

suscepit dominium," etc. (_Cont. Flor. Wig._).

[241] _Journ. B. A. A._, xxxi. 382, 383.

[242] It is very singular that Mr. Freeman failed to perceive this

parallel, since he himself writes of Henry (1100). "The Gemót of

election was held at Winchester while the precedents of three reigns

made it seem matter of necessity that the unction and coronation should

be done at Westminster" (_Will. Rufus_, ii. 348). Such an admission as

this is sufficient to prove my case.

[243] _Early Plantagenets_, 22.

[244] _Const. Hist._, i. 339.

[245] _Norm. Conq._, v. 303, 304. The footnote to this statement

("William of Malmesbury seems distinctly to exclude a coronation," etc.,

etc.) has been already given (_ante_, p. 62). Mr. Birch confusing, as we

have seen, the reception of the Empress with her election, naturally

looks, like Mr. Freeman, to the former as the time when she ought to

have been crowned: "The crown of England's sovereigns was handed over to

her, a kind of _seizin_ representing that the kingdom of England was

under the power of her hands (although it does not appear that any

further ceremony connected with the rite of coronation was then

performed)" (_Journ. B. A. A._, xxxi. p. 378). This assumes that the

crown was "handed over to her" at a "ceremony" in the cathedral,

whereas, as I explained, my own view is that she obtained it with the

royal castle.

[246] _Norm. Conq._, v. p. 305.

[247] _Gesta_, 79. In the word "inthronizandam," I contend, is to be

found the confirmation of my theory, based on comparison and induction,

of an intended coronation at Westminster. So far as I know, attention

has never been drawn to it before.

Geoffrey de Mandeville: A study of the Anarchy · 第 3 / 14 章