CHAPTER X.

THE EARLDOM OF ESSEX.

The death of Geoffrey was a fatal blow to the power of the fenland

rebels. According, indeed, to one authority, his brother-in-law, William

de Say, met his death on the same occasion,[700] but it was the decease

of the great earl which filled the king's supporters with exultant joy

and hope.[701] For a time Ernulf, his son and heir, clung to the abbey

fortress, but at length, sorely against his will, he gave up possession

to the monks.[702] Before the year was out, he was himself made prisoner

and straightway banished from the realm.[703] Nor was the vengeance of

Heaven even yet complete. The chief officer of the wicked earl was

thrown from his horse and killed,[704] and the captain of his foot, who

had made himself conspicuous in the violating and burning of churches,

met, as he fled beyond the sea, with the fate of Jonah, and worse.[705]

Chroniclers and genealogists have found it easiest to ignore the

subsequent fate of Ernulf (or Ernald) de Mandeville.[706] He has even

been conveniently disposed of by the statement that he died

childless.[707] It may therefore fairly be described as a genealogical

surprise to establish the fact, beyond a shadow of doubt, not only that

he left issue, but that his descendants flourished for generations,

heirs in the direct male line of this once mighty house. Ernulf himself

first reappears, early in the following reign, as a witness to a royal

charter confirming Ernald _de Bosco's_ foundation at Betlesdene.[708] He

also occurs as a principal witness in a family charter, about the same

time.[709] This document,[710] which is addressed by Earl Geoffrey

"baronibus suis," is a confirmation of a grant of lands in

Sawbridgeworth, by his tenant Warine fitz Gerold "Camerarius Regis" and

his brother Henry, to Robert Blund of London, who is to hold them "de

predictis baronibus meis." The witnesses are: "Roesia Com[itissa] matre

mea, Eust[achia] Com[itissa], Ernulfo de Mannavilla fratre meo, Willelmo

filio Otuwel patruo meo, Mauricio vicecomite, Willelmo de Moch'

capellano meo, Otuwel de bouile, Ricardo filio Osberti, Radulfo de

Bernires, Willelmo et Ranulfo fil' Ernaldi, Gaufrido de Gerp[en]villa,

Hugone de Augo, Waltero de Mannavilla, Willelmo filio Alfredi, Gaufredo

filio Walteri, Willelmo de Plaisiz, Gaufrido pincerna." He is,

doubtless, also the "Ernald de Mandevill" who holds a knight's fee, in

Yorkshire, of Ranulf fitz Walter in 1166.[711] But in the earliest

Pipe-Rolls of Henry II. he is already found as a grantee of _terræ datæ_

in Wilts., to the amount of £11 10_s._ 0_d._ (blanch) "in Wurda." This

grant was not among those repudiated by Henry II., and Geoffrey de

Mandeville, Ernulf's heir, was still in receipt of the same sum in

1189[712] and 1201-2.[713] Later on, in a list of knights' fees in

Wilts., which must belong, from the mention of Earl William de

Longespée, to 1196-1226, and is probably _circ._ 1212, we read:

"Galfridus de Mandevill tenet in Wurth duas partes unius militis de

Rege."[714] That Ernulf should have received a grant in Wilts., a county

with which his family was not connected, is probably accounted for by

the fact that he obtained it in the time of the Empress, who, as in the

case of Humfrey de Bohun, found the revenues of Wilts. convenient as a

means of rewarding her partisans.[715] But we now come to a series of

charters of the highest importance for this discovery. These were

preserved among the muniments of Henry Beaufoe of Edmondescote, county

Warwick, Esq., when they were seen by Dugdale, who does not, however, in

his _Baronage_, allude to their evidence. By the first of these Earl

Geoffrey (died 1166) grants to his brother Ernulf one knight's fee in

Kingham, county Oxon.:—

"Sciatis me dedisse et firmiter concessisse Ernulfo de Mandavilla

fratri meo terram de Caingeham, ... pro servitio unius militis in

excambitione terre Radulfi de Nuer.... Et si Caingeham illi garantizare

non potero dabo illi excambium ad valorem de Caingeham antequam inde

sit dissaisitus.... T. Com[ite] Albrico auunculo meo, Henry (_sic_)

fil[io] Ger[oldi], Galfr[ido] Arsic, Rad[ulf]o de Berner[iis], Waltero

de Mandavilla, Will[elm]o de Aino, Galfrido de Jarpeuill, Will[elmo] de

Plais', Jurdan[o] de Taid', Hug[one] de Auc[o], Willelm[o] fil[io]

Alured[i] Rad[ulfo] Magn[?avilla], Audoenus (_sic_) Pincerna, Rad[ulfo]

frater (_sic_) eius, Aluredus (_sic_) Predevilain."[716]

Ralph "de Nuers," is entered in 1166 as a former holder of four fees

from Earl Geoffrey (II.).[717] Of the witnesses to the charter,[718]

Henry fitz Gerold (probably the chamberlain) held four fees (_de novo_)

of the earl in 1166, Ralph de Berners four (_de veteri_), Walter de

Mandeville four (_de veteri_), Geoffrey de Jarpe[n]ville one (_de

novo_), Hugh de Ou and William fitz Alfred one each (_de novo_),

"Audoenus Pincerna" and Ralph his brother the fifth of a fee (_de novo_)

jointly. The relative precedence, according to holding, is not unworthy

of notice. The second charter is from Earl William, confirming his

brother's gift:—

"Willelmus de Mandavilla comes Essexie Omnibus hominibus, etc. Sciatis

me concessisse Ernulfo de Mandauilla fratri meo donationem quam Comes

Galfridus illi fecit de villa de Kahingeham.... T. Comite Albrico,

Simone de Bellocampo, Gaufrido de Say, Will[elm]o de Bouilla, Radu[lfo]

de Berneres, Seawal' de Osonuilla, Ric[ard]o de Rochellâ, Osberto

fil[io] Ric[ard]i, Dauid de Gerponuilla, Wiscardo Leidet, Waltero de

Bareuilla, Albot Fulcino, Hugone clerico," etc.[719]

Here Earl "Alberic" was uncle both to the grantor and the grantee; Simon

de Beauchamp was their uterine brother; Geoffrey de Say their first

cousin. William de Boville would be related to Otuel de Boville, the

chief tenant of Mandeville in 1166.[720] "Sewalus de Osevill" then

(1166) held four fees (_de veteri_) of the earl. Richard "de Rochellâ"

held three-quarters of a fee (_de novo_). Osbert fitz Richard was

probably a son of Richard fitz Osbert, who held four fees (_de veteri_)

in 1166. Wiscard Ledet was a tenant _in capite_ in Oxfordshire (_Testa_,

p. 103).[721]

The third charter transfers the fee from the grantee himself to his son:—

"Notum sit ... quod ego Arnulfus de Mandeuilla concessi et dedi Radulfo

de Mandeuilla filio meo pro suo servicio et homagio villam de

Chaingeham ... et hospitium meum Oxenfordie ad prædictam villam

pertinens[722] ... T. Henrico Danuers," etc.[723]

From another quarter we are enabled to continue the chain of evidence.

We have first a charter to Osney:—

"Ego Gaufridus de Mandeuile ... confirmavi mercatam terre quam Aaliz

mater mea eis diuisit in Hugato, sic[?ut] Ernulfus de Mandeuile pater

meus eis assignavit."[724]

Then we have a charter which thus carries us a step further:—

"Ego Galfridus de Mandeuilla filius Galfridi de Mandeuillâ concessi

Domino Galfrido patri meo, filio Arnulfi de Mandeuillâ," etc., etc.[725]

Among the witnesses to this last charter are Robert de Mandeville, and

Ralph his brother, and Hugh de Mandeville. Lastly, we have a charter of

Ralph de Mandeville, to which the first witness is "Galfridus de

Mandauilla frater meus."[726]

We have now established this pedigree:—

GEOFFREY, = Roese

EARL OF ESSEX, | de Vere.

d. 1144. |

+--------+

|

Ernulf = Aaliz.

de Mandeville, |

son and heir |

(disinherited). |

|

+-------------+---------+

| |

Geoffrey Ralph

de Mandeville. de Mandeville.

|

Geoffrey

de Mandeville.

A further charter (_Harl. Cart._, 54, I. 44) can now be fitted into this

pedigree. It is a notification by Adam de Port, to the Bishop of

Lincoln, etc., of his grant of the church of "Hattele." The witnesses

are: "Hernaldo de Mandeville et domina Alicia uxore sua, domina

Matiltide uxore dicti Adæ de Port, Henrico de Port, fratre ejusdem,

Galfrido de Mandeville," etc.[727] Here we have a clue to the parentage

of Ernulf's wife.

Passing to the reign of Henry III., we find Kingham then still in

possession of the family.[728] In Wiltshire they are found yet later,

Worth being still held by them in 1292-93 (21 Edw. I).[729]

The importance of the existence of Ernulf and his heirs is seen when we

come to deal with the fate of the earldom of Essex. That Ernulf was

"exiled" even for a time becomes a remarkable fact, when we remember

that he might have found shelter from the king among the followers of

the Empress in the west. But he and his father had offended a power

greater than the king. The Empress could not shield him from the

vengeance of the outraged Church. It is, I think, in his doings at

Ramsey, and in the penalties he had thus incurred, that we must seek the

reason of his being, as we shall find, so strangely passed over, in

favour of his younger brother Geoffrey, who had not partaken of his

guilt.

To another charter, hitherto unknown, we owe our knowledge of the fact

that Geoffrey was recognized as his father's heir, by the Empress, on

his death. Instructive as its contents would doubtless be, it is known

to us only from the following note, made by one who had inspected its

transcript in the lost volume of the Great Coucher:—

"Carta M. Imperatricis per quam dat Gaufredo de Mannevill filio

Gaufredi Comitis Essexie totam hereditatem suam et omnes tenuras quas

concessit patri suo. Testes R. Com. Gloec., Rag. Com. Cornub., Rog.

Com. Hereford, R. Regis filio, Umfridus de Bohun Dap., Johannes filius

Gisleberti, W. de Pontlarch' Camerario. Apud Divisas.[730]

The names of Robert, Earl of Gloucester, and Roger, Earl of Hereford,

limit the date of this charter to 1144-1147, and the father of the

grantee died, as we have seen, in August, 1144. It should be noted that

nothing is said here of the earldom of Essex, and that only an

absolutely new creation could confer the dignity on Geoffrey, as he was

not his father's heir.

Here, however, yet another charter, also at present unknown, comes to

our assistance with its unique evidence that Geoffrey must have held his

father's title before 1147.[731] He then disappears from view for the

time.

We must now skip some twelve years, and pass to that most important

charter in which the earldom was conferred anew on Geoffrey by Henry II.

Only those who have made a special study of these subjects can realize

the value of this charter, a record hitherto unknown. The attitude of

Henry II. to the creations of Stephen and Matilda, the extent to which

he recognized them, and the method in which he did so, are subjects on

which the historian is peculiarly anxious for information, but on which

our existing evidence is singularly and lamentably slight. Of the four

charters quoted in the _Reports on the Dignity of a Peer_, only two can

be said to have a real bearing on the question, and of these one is of

uncertain date, while the meaning of the other is doubtful. But the

charter I am about to deal with is remarkably clear in its meaning, and

possesses the advantage that its contents enable us to date it with

precision.

The original charter was formerly preserved in the Cottonian collection,

but was doubtless among those which perished in the disastrous

fire.[732] The copy of it made by Dugdale, and now among his MSS. at

Oxford, is unfortunately imperfect, but the discovery of an independent

copy among the Rawlinson MSS. has enabled me not only to fill the gaps

in Dugdale's copy (which I have here placed within brackets), but also

to establish by collation the accuracy of the text.

CHARTER OF HENRY II. TO GEOFFREY DE MANDEVILLE THE YOUNGER (Jan. 1156).

H. Rex Angl[orum] (et) Dux Normannie et Aquitanie et Comes Andegavie

Archiepiscopis Episcopis Abbatibus Comitibus Justiciariis Baronibus

Vicecomitibus ministris et omnibus fidelibus suis Francis et Anglis

Anglie et Normannie salutem. Sciatis me fecisse Gaufridum de Magna Villa

Comitem de Essexa et dedisse et hereditarie concessisse sibi et

heredibus suis ad tenendum de me et heredibus meis Tertium Denarium de

placitis meis ejusdem Comitatus. Et volo et concedo et firmiter precipio

quod ipse Comes et heredes sui[733] post eum [habeant] et teneant

comitatum suum ita bene et in pace et libere et quiete et plene et

honorifice sicut aliquis Comes in Angliâ vel Normanniâ melius, liberius,

quietius, plenius, et honorificentius tenet Comitatum suum. Præterea

reddidi ei et concessi totam terram Gaufridi de MagnaVilla proavi sui,

et avi sui, et patris sui, et omnia tenementa illorum, tam in dominiis

quam in feodis militum, tam in Anglia quam in Normannia, que de me tenet

in capite, et de quocunque teneat et de cujuscunque feodo sint, et

nominatim Waledenam et Sabrichteswordam[734] et Walteham. Et vadium quod

Rex Henricus avus meus habuit super predicta tria maneria sua

imperpetuum ei clamavi quietum sibi et heredibus suis de me et de meis

heredibus. Quare volo (et firmiter precipio) quod ipse et heredes sui

habeant et teneant (de me et de meis heredibus) comitatum suum predictum

ita libere (et quiete et plene) sicut aliquis Comes in Anglia (vel

Normannia) melius, (liberius quietius et plenius comitatum suum) tenet.

Et habeant et teneant ipse et heredes sui omnia predicta tenementa

antecessorum suorum predictorum et nominatim predicta tria maneria ita

bene (et in pace et libere et quiete et honorifice et plene, in bosco et

plano et pratis et pascuis in Aquis et molendinis in viis et semitis in

forestis et warrennis in rivariis et piscariis infra Burgum et extra et

in omnibus locis et nominatim infra Civitatem London[ie], cum Soco et

Saca et Toll et Team et Infangtheof et cum omnibus Libertatibus et

liberis consuetudinibus et quietanciis suis) sicut Gaufridus de

MagnaVilla proavus suus et avus suus et pater suus unquam melius,

(liberius, quietius, et honorificentius et plenius) tenuerunt, tempore

Regis Willelmi et Regis Henrici avi mei. Testibus T[heobaldo]

Archiepiscopo Cantuar' (Rog[er]o Archiep[iscop]o Eborac' Ric[ardo]

Ep[iscop]o London', Rob[erto] Ep[iscop]o Lincoln', Nigello Ep[iscop]o

Eliensi, Tom[a] Canc[ellario], Rag[inaldo] Com[ite] Cornub', R[oberto]

Com[ite] Legrec', Rog[ero] Com[ite] de Clara, H[enrico] de Essex

Conesta[bulo], Ric[ardo] de Hum[ez] Conest[abulo], Ric[ardo] de Lucy,

War[ino] fil[io] Ger[oldi] Cam[er]ario, Man[assero] Bisset dap[ifero],

Rob[er]to de Dunest[anvilla] et Jos[celino] de Baillolio) Apud

Cantuariam.

The first point to be considered is that of the date. It is obvious at

once from the names of the primate and the chancellor that the charter

must be previous to the king's departure from England in 1158. But the

only occasion within this limit on which the charter can have passed is

that of the king's visit to Canterbury on his way to Dover and the

Continent in January, 1156 (115⅚). On no other occasion within this

limit did he land at or depart from Dover. Now, it is quite certain that

the charter to Earl Aubrey (de Vere), which is tested "Apud Dover in

transitu Regis," passed at the time of this departure from Dover

(January 10, 1156).[735] We find, then, that as in 1142 the charters to

Earl Geoffrey and Earl Aubrey were part of one transaction and passed on

the same occasion, so now, the charters to Earl Geoffrey the second and

Earl Aubrey, his uncle, passed almost on the same day. The long list of

witnesses to the former, for which we are indebted to the Rawlinson MS.,

enables us to compare it closely with those of the four other charters

which passed, according to Mr. Eyton, about the same time.[736] The

proportions of their witnesses found among the witnesses to this charter

are respectively: seven out of ten in the first; nine out of eighteen in

the second; the whole ten in the third; and seven out of fourteen in the

fourth. As the king had spent his Christmas at Westminster, we can thus

fix the date almost to a day, viz. _circ._ January 2, 1156. And this

harmonizes well enough with the evidence of the Pipe-Rolls, which show

that Earl Geoffrey was in receipt of the _tertius denarius_ in 1157, as

from Michaelmas, 1155.

On looking at the terms of this instrument, we are struck at once by the

fact that it is a charter of actual creation. This is in perfect

accordance with the view advanced above, namely, that the charter

granted at Devizes to this Geoffrey, as his father's son, has no bearing

on the earldom of Essex, "and that only an absolutely new creation could

confer the earldom on Geoffrey, as he was not his father's heir." It is

thus that the existence of his brother Ernulf became a factor in the

problem of no small consequence.[737]

Being thus an undoubted new creation, its terms should be examined most

carefully. It will then be found that the precedent they follow is not

the charter of the Empress (1141), but the original charter of the king

(1140).

STEPHEN

(1140).

Sciatis me fecisse Comitem de Gaufrido de Magnauillâ de Comitatu Essexe

hereditarie.

MAUD

(1141).

Sciatis omnes ... quod ego ... do et concedo Gaufrido de Magnavilla ...

ut sit Comes de Essexâ.

HENRY

(1156).

Sciatis me fecisse Gaufridum de Magnauillâ Comitem de Essexâ.

The explanation is, of course, that the first and third are new

creations, while the second is virtually but a confirmation of the

previous creation by Stephen. So again, comparing this creation with

that of Hugh Bigod, the only instance in point—

(1155.)

Sciatis me fecisse Hugonem Bigot Comitem de Norfolca, scilicet de

tercio denario de Nordwic et de Norfolca.

(1156.)

Sciatis me fecisse Gaufridum de Mandavillâ Comitem de Essexa, et

dedisse et hereditarie concessisse sibi et heredibus suis.... Tertium

denarium de placitis meis ejusdem Comitatus.

Here the absolute identity of the actual formula of creation accentuates

the difference between the clauses relating to the "Tertius Denarius."

It will therefore be desirable to compare the clauses as they stand in

the Mandeville and the Vere charters (January, 1156):—

MANDEVILLE

Sciatis me ... dedisse et hereditarie concessisse sibi et heredibus

suis ad tenendum de me et heredibus meis tertium denarium de placitis

meis ejusdem Comitatus.

VERE

Sciatis me dedisse et concessisse Comiti Alberico in feodo et

hereditate tertium denarium de placitis Oxenfordscyre ut sit inde Comes.

It is said with truth in the Lords' Reports that "inde" is an ambiguous

word, as it might refer either to the county or to the "third penny"

itself. And, indeed, the above extract from the charter to Hugh Bigod

would lend support to the latter view. But the case of Earl Aubrey was,

we must remember, peculiar. As we saw in the charter of the empress

(1142), she recognized him as already a "comes" in virtue of his rank as

Count of Guisnes (p. 188). It is my belief that in the present charter

he is styled "comes" by Henry on precisely the same ground. For if Henry

had recognized him as Earl of Oxford in virtue of his mother's charter

(1142), he must also have recognized his right to "the third penny" of

the shire which was granted by that same charter.[738] But he clearly

did not recognize that right, for he here makes a fresh grant. Therefore

he did not recognize the validity of his mother's charter. Consequently,

he styled Aubrey "comes" in virtue only of the comital rank he enjoyed

as Count of Guisnes. And as he could not _make_ a "comes" of a man who

was a "comes" already (p. 187), he merely grants him "the third penny of

the pleas" of Oxfordshire, "that he may be earl of that county" ("ut sit

inde Comes"). Hence the anomalous form in which the charter is

drawn.[739]

Different, again, yet no less instructive, is the case of the Earl of

Sussex. There the grant runs—

"Sciatis me dedisse Willelmo Comiti Arundel castellum de Arundel cum

toto honore Arundel ... et tercium denarium de placitis de Suthsex unde

comes est."

This charter has been looked upon as relating to the earldom itself,

whereas it is clearly nothing but a grant of the castle and honour of

Arundel and of the "Tertius Denarius" of Sussex, "of which county he is

earl."[740] When these two phrases are compared—"ut sit inde Comes" and

"unde Comes est"—their meaning is, surely, clear. William was _already_

Earl of Sussex (_alias_ Arundel _alias_ Chichester), but his right to

the "Tertius Denarius" of the county was not recognized by the king. The

fact that this right required to be granted _nominatim_ confirms my view

that it was not conveyed by Stephen's charter to Geoffrey.[741]

The distinction between the "dedi et concessi" of the "Tertius Denarius"

clause and the "reddidi" and "concessi" of those by which the king

confirms to Geoffrey his ancestral estates is one always to be noted.

The terms of what one may call this general confirmation are remarkably

comprehensive, going back as they do to the days of King William and of

the grantee's great-grandfather; and the profusion of legal verbiage in

which they are enwrapped is worthy of later times. The charter also

illustrates the adaptation in Latin of the old Anglo-Saxon _formulæ_,

themselves the relics of those quaint jingles which must bear witness to

oral transmission in an archaic state of society.[742]

The release of the lien (upon three manors) which Henry I. had held is a

very curious feature. One of these manors, Sawbridgeworth in Herts., is

surveyed in Domesday at great length. Its value had then sunk from £60

to £50; but early in the reign of Henry II., Earl Geoffrey gave it in

fee to Warine fitz Gerold, the chamberlain, "per (_sic_) LXXIIII

libratas terræ, singulas XX libratas pro servitio unius militis."[743]

Under this charter Earl Geoffrey held the dignity till his death, at

which time we find him lord of more than a hundred and fifty knights'

fees. The earldom then (1166) passed to his younger brother William, and

did so, as far as we know, without a fresh creation. For the limitation,

it is important to observe, in this as in other early creations, is not

restricted to heirs _of the body_—a much later addition. As this point

is of considerable importance it may be as well here to compare the

essential words of inheritance in the three successive charters:—

STEPHEN

(1140).

Sciatis me fecisse Comitem de Gaufrido de Magnavillâ de Comitatu Essexe

_hereditarie_. Quare volo ... quod ipse _et heredes sui post eum

hereditario jure_ teneant de me et de heredibus meis ... sicut alii

Comites mei de terra meâ, etc.

MAUD.

(1141).

Sciatis ... quod ego do et concedo Gaufrido de Magnavillâ ... _et

heredibus suis post eum hereditabiliter_ ut sit Comes de Essexâ.

HENRY II.

(1156).

Sciatis me fecisse Gaufridum de Magna Villa Comitem de Essexa.... Et

volo ... quod ipse Comes _et heredes sui post eum_ habeant et teneant

Comitatum suum ... sicut aliquis Comes in Angliâ, etc.

It is noteworthy that the earliest of these three—the earliest of all

our creation-charters—has the most intensely hereditary ring, a fact at

variance with the favourite doctrine that the hereditary principle was a

late innovation, and ousted but slowly the official position. It is

further to be observed that the term "Comitatus," of which the

denotation in Scottish charters has been so long and fiercely debated,

has here the abstract signification which it possesses in our own day,

namely, that of the dignity of an earl.

* * * * *

When we think of their father's stormy career, it is not a little

strange to find these two successive Earls of Essex high in favour with

the order-loving king, throughout whose reign, for more than thirty

years (1156-1189), we find them honoured and trusted in his councils, in

his courts, and in his host. Of Earl William Miss Norgate writes: "The

son was as loyal as his father was faithless; he seems, indeed, to have

been a close personal friend of the king, and to have well deserved his

friendship."[744] His fidelity was rewarded by the hand of the heiress

of the house of Aumâle, so that, already an earl in England, he thus

became, also, a count beyond the sea.

Yet well might men believe that the awful curse of Heaven rested on this

great and able house. At the very moment when Earl William seemed to

have attained the pinnacle of power, when he had reached the point which

his father had reached some half a century before, then, as in his

father's case, the prize was snatched from his grasp. King Richard,

rightly prizing the earl's loyalty and worth, announced his intention,

at the Council of Pipewell (September, 1189), of leaving him, with the

Bishop of Durham as his assessor, in charge of the kingdom, as

Justiciar, during his own absence in the East. Such an office would have

made the earl the foremost layman in the realm. But before the time had

come for entering on his exalted duties, indeed within a few weeks of

his appointment, he was dead (November 14, 1189).

Like his brother Geoffrey before him, the earl died childless; the vast

estates of the house of Mandeville passed to the descendants of his

aunt; to his earldom there was no heir.[745] Such was the end that

awaited the ambition of Geoffrey de Mandeville. The earldom for which he

had schemed and striven, the strongholds on which his power was based,

the broad lands which owned his sway—all were lost to his house. And as

if by the very irony of fate, Ernulf, his disinherited son, alone

continued the race, that there might not be wanting in his hapless heirs

an ever-standing monument to the greatness at once of the guilt and of

the fall of the man whose story I have told.

[700] "Willelmi de Say et Galfridi de Mandeville, qui apud Borewelle

interfecti fuerunt" (_Chron. Ram._, App. p. 347).

[701] "Isto itaque tali modo ad extrema deducto, nox quædam et horror

omnes regis adversarios implevit, quique ex dissensione a Galfrido

exorta regis annisum maxime infirmari putabant, nunc, eo interfecto,

liberiorem et ad se perturbandum, ut res se habebat, expediorem fore

æstimabant" (_Gesta_, p. 104). "Sicque Dei judicio patriæ vastatore

sublato, virtus bellatorum qui secum manum ad perniciem miserorum

firmaverunt plurimum labefacta est, cognoscentes Dominum Christum fideli

suo Regi de hostibus dare triumphum, et adversantes ei potenter elidere,

ad hoc expavit cor inimicorum illius" (_Historia Eliensis_, p. 628).

[702] "Quod post dilationes, non sine difficultate, tandem invitus

fecit; locum enim illum et vicinas ejus partes multum dilexerat.

Prophani milites recedunt cum iniquo satellite" (_Chron. Ram._, p. 332).

[703] "Eodem quoque anno, Ernulfus filius comitis, qui post mortem

patris ecclesiam incastellatam retinebat, captus est et in exilium

fugatus" (_Gervase_, i. 129. Cf. _Hen. Hunt._).

[704] "Cujus princeps militum ab equo corruens effuso cerebro spiritum

exhalavit" (_ibid._).

[705] "Magister autem peditum suorum, qui plus cæteris solitus erat

ecclesias concremare et frangere, dum mare transiret cum uxore sua, ut

multi perhibuerant, navis immobilis facta est. Quod monstrum nautis

stupentibus et sorte data rei causam inquirentibus, sors cecidit super

eum. Quod cum ille totis viribus, nec mirum, contradiceret, secundo et

tertio sors jacta in eum devenit: formidantibus igitur nautis positus

est in cymbam parvulam ipse et uxor ejus et eorum pecunia nequiter

adquisita, ut cum illis esset in perditione; quo facto, navis ut prius

maria libera sulcavit, cymba vero in voragine subsistens circumducta et

absorpta est" (_Hen. Hunt._).

[706] There is abundant evidence that the two names are used

indifferently.

[707] Burke's _Extinct Peerage_. So also Dr. Stubbs.

[708] _Harl. Cart._, 84. C. 4. The charter being attested by Thomas the

Chancellor must be previous to August, 1158, as it passed at

Westminster. It has a rather unusual set of witnesses.

[709] This charter may fairly be dated 1157-1158, on the following

grounds. It speaks of Warine fitz Gerold as the king's chamberlain, and

as living. But he died in the summer of 1158. It is, however, subsequent

to Henry's accession, because it was not till after that event that Fitz

Gerold was enfeoffed in Sawbridgeworth (_Liber Niger_), and also

subsequent to 1155, because Geoffrey occurs as earl. But as Maurice (de

Tiretei) was not sheriff, within these limits, till Michaelmas, 1157, we

obtain the date 1157-1158.

[710] _Sloane Cart._, xxxii. 64.

[711] _Liber Niger_ (ed. 1774), p. 326. The return of the Barony of

Helion (p. 242), in which an Ernulf de Mandeville appears as holding

half a knight's fee in Bumsted (Helion), is of later date.

[712] _Rot. Pip._, 1 Ric. I. The "Ernald de Magneville" who was among

the Crusaders that reached Acre in June, 1191, may have been a younger

son of the disinherited Ernald, if the latter was then dead. An Ernulf

de Mandeville is found among the witnesses to a star of Abraham fitz

Muriel (1214), granting a house in Westcheap to Geoffrey "de

Mandeville," Earl of Essex and Gloucester.

[713] _Rot. Pip._, 3 John.

[714] _Testa_, p. 142 _b_.

[715] See, for the exceptionally heavy alienations in this county (some

£440 a year), the Pipe-Roll of 2 Henry II., p. 57.

[716] _Dugdale MS._, 15 (H) fol. 129.

[717] "Feod[um] Rad[ulfi] de Nuers iiii. milites" (_Liber Niger_).

[718] Compare them with the preceding charter of Earl Geoffrey.

[719] _Dugdale MS._, _ut supra_.

[720] William's succession to Otwel suggests that they were somehow

related to William fitz Otuel (p. 169).

[721] With this charter of Earl William may be compared another (_Cart.

Cott._, x. 1), in which he confirms to Westminster Abbey the church of

Sawbridgeworth. The witnesses are "Willielmo de Ver, Asculfo Capellano,

Ricardo de Vercorol, Willelmo de Lisoris, David de Jarpouilla, Symone

fratre eius, Osberto filio Ricardi, Osberto de sancto Claro, Willelmo de

Norhala, Johanne de Rochella, Eustachio Camerario, Rogero et Simone

clericis Abbatis West'." The second and third witnesses are also found

attesting the earl's charter to the nuns of Greenfield (see p. 169).

Compare further "A charter of William, Earl of Essex" (_Eng. Hist.

Review_, April, 1891). "Asculfus (or Hasculfus) Capellanus" was the hero

of the adventure, on the earl's death, thus related by Dugdale: "A

chaplain of the earl's, called Hasculf, took out his best saddle-horse

in the night, and rode to Chicksand, where the Countess Rohese then

resided," etc., etc.

[722] This is a good instance of the custom, so constantly met with in

Domesday, by which a house in a county town was attached to a manor.

[723] _Dugdale MS._, _ut supra_.

[724] _Dodsworth MS._, vii. fol. 299.

[725] _Ibid._

[726] _Ibid._, xxx. fol. 104.

[727] "Alano de Matem" is among them (cf. p. 89).

[728] "Willelmus de Mandevill tenet in Kaingham feodum unius militis de

feod[o] Comitis Hereford[ie]" (_Testa_, pp. 102 _a_, 106 _a_).

[729] _Lansdowne MS._, 865, fol. 118 _dors._; _Harl. MS._, 154, fol. 45.

[730] _Lansdowne MS._, 229, fol. 123 _b_. This note is followed by one

of the charter by which the Empress confirmed Humfrey de Bohun in his

post of _Dapifer_, and of which the original is still extant among the

Duchy of Lancaster Royal Charters (Pipe-Roll Society: _Ancient

Charters_, p. 45).

[731] See Appendix BB.

[732] It was, I believe, duly entered in the lost volume of the Great

Coucher.

[733] "Sui" omitted in Rawlinson MS.

[734] "Dabrichteswordam" (Rawlinson).

[735] _R. Diceto_, p. 531.

[736] (1) To the church of St. Jean d'Angely (Canterbury); (2) to

Christchurch, Canterbury (Dover); (3) to St. Mary's Abbey, Leicester

(Dover); (4) to Earl Aubrey (Dover) (_Court and Itinerary of Henry II._,

pp. 15, 16).

[737] It is true that the charter to Geoffrey Ridel (Appendix BB) proves

that Geoffrey de Mandeville the younger enjoyed, at the court of the

Empress, the title of Earl of Essex. But the same charter proves that

Henry did not hold himself bound by his mother's charters or deeds.

[738] "Do et concedo quod sit Comes de ... et habeat inde tertium

denarium sicut comes debet habere."

[739] It is one of the mysteries of the Pipe-Rolls that no such payment

to the earl is to be traced on them, though the grant is quite

unmistakable in its terms. See Appendix H.

[740] The "unde" of this charter answers to the "inde" in the charters

to Earl Aubrey.

[741] See Appendix H.

[742] See, for instance, survivals of them in the charters of Henry I.

to Christchurch, Canterbury, and of Henry II. to Oxford. The former

runs, "on strande and on stream, on wudan and on feldan" (Campbell

Charter, xxix. 5); the latter, "by water and by stronde, by Gode (_sic_)

and by londe" (Hearne's _Liber Niger_, Appendix).

The formula "cum omnibus ad hoc rebus rite pertinentibus, sive

_litorum_, sive camporum, agrorum, saltuumve" (Kemble, _Cod. Dipl._, No.

425; Earle, _Land Charters_, p. 186), suggested to Prof. Maitland

(_Select Pleas in Manorial Courts_) a connection with the "leet" through

the "litus" of early Teutonic law, but Mr. W. H. Stevenson, correcting

him, observed (_Academy_, June 29, 1889) that _litorum_ referred to the

seashore at Reculver (with which this grant deals). Both these

distinguished scholars are mistaken, for the words only render the

general formula: "by lande and by strande ('litorum'), by wode and by

felde." So for instance—

"bi water and bi lande

mid inlade and mid utlade

wit inne burghe and wit outen

bi lande and by strande

bi wode and by felde" (_Ramsey Cart._, ii. 80, 81).

Thus we have "in bosco et plano ... infra burgum et extra" (_supra_, p.

236). See also pp. 286, 314, 381.

[743] _Liber Niger_ (1774), i. 239.

[744] _Angevin Kings_, ii. 144.

[745] The inheritance was in dispute for some time between his aunt's

younger son and the two daughters and co-heirs of her elder son

deceased. As the latter were eventually successful in their claim, there

was no one heir to whom the earldom could pass, as of right, under the

charter of 1156 (accepting it as representing a limitation to heirs

whatsoever). I have, however, elsewhere suggested (Pipe-Roll Society:

_Ancient Charters_, p. 99) that the _salvo_ to the elder of the two

daughters of her _antenatio_ may have been connected with a claim to the

dignity by her husband, in her right.

APPENDICES.

APPENDIX A.

STEPHEN'S TREATY WITH THE LONDONERS.

(See p. 3.)

There are few more suggestive passages in the chronicles of Stephen's

reign than that which describes, in the _Gesta_, his "pactio" with the

citizens of London. This, because of the striking resemblance between

the "pactio ... mutuo juramento" there described and the similar

practice in those foreign towns which enjoyed the rights of a "communa."

Thus at Bazas, in Aquitaine, "quum dominus rex venit apud Vasatum, omnes

cives Vasatenses jurant ei fidelitatem et obedientiam ... similiter et

rex et senescallus jurant dictis civibus Vasatensibus quod sit bonus

dominus eis et teneat consuetudines, et custodiat eos de omni injuria de

se et aliis pro posse suo." At Issigeac, in the Perigord, it was (as was

usual) the lord who had to swear first before the citizens would do so:

"en aital manieira que'l seinher reis ... cant requerra et queste

sagrament ...; deu jurar a lor premeirament qu'il los defendra de si et

d'autrui de tot domnage, et las bonas custumas que il ont et que il

auront lor gardet et lor amelhoret, à bona fe, ... et que las males lor

oste et lor tolha de tot. Et en après, li prohome deven li far lo

sagrament sobredich, que'l garderon son corps et sas gentz qui par lui

esseron et sas dreituras de tort et de forsa," etc., etc. At

Bourg-sur-Mer, in Gascony, the clause runs: "Dum dominus rex venit primo

in Vasconia, juratur ab eo, dum est sistens et coram senescallo suo (vel

a senescallo suo, dum ipse non est præsens, qui pro tempore veniet) quod

villam et jus custodiet et defendet et de se et de alio ab omni injuria,

et quod servabit foros et consuetudines suas. Nos juramus ei et

senescallo fidelitatem." So too at Bayonne, when the Great Seneschal of

Aquitaine, as representing the king, first arrived, he was called upon

to swear by all the saints that he would be a good and loyal lord; that

he would protect the citizens from all wrong and violence, either from

himself or from others; that he would preserve all their rights,

customs, and privileges, as granted them by the Kings of England and

Dukes of Guyenne, to the utmost of his power, so long as he held the

office, saving his fealty to the king.[746] When he had done so, the

mayor and jurats swore in their turn to him:— "By those saints, will we

be good, faithful, loyal, and obedient to you; your life and limbs we

will guard; good and loyal counsel will we give you to the best of our

power, and your secrets will we keep."[747] These examples, which could

be widely paralleled, not only in municipalities, but also in the rural

commonwealths of the Pyrenean valleys, illustrate the principle and

uniform character of this "mutuum juramentum."

We are tempted then to ask whether it was not by some such transaction

as this that Stephen secured the adhesion of the citizens. We shall find

the Empress securing the city in 1141, after a formal "tractatus" at St.

Albans with its authorized representatives, and we know that the

Conqueror himself made some terms with the citizens before he entered

London. Comparing these facts with the reception at Winchester of

Stephen and the Empress in turn, it may fairly be questioned whether we

should accept the startling assertion in the _Gesta_ as literally

correct. It would seem at least highly probable that what the Londoners

really claimed in 1135 was not the right to elect a king of all England,

but to choose their own lord independently of the rest of the kingdom,

and to do so by a _separate negotiation_ between himself and them. They

were not, in any case, prepared to receive the king as their lord unless

he would first guarantee them the possession of all their liberties.

This semi-independent attitude, which was virtually that assumed by

Exeter when it attempted to treat with the Conqueror, was distinctly

foreign to the English polity so far as our knowledge goes. There are

faint hints, however, in Domesday that such towns as London, York,

Winchester, and Exeter may have possessed a greater independence than it

has hitherto been the custom to believe.

[746] "Lo senescaut de Guiayne deu jurar en sa nabere vengude au mayre

juratz et cent partz et a laut poble et comunautat de Baione ... en

queste forme: Per aques sentz Job serey bon seinhor et leyau, de tort et

de force vos guoarderey de mi medichs et dautruy; a mon leyau poder

vostres fors vostres costumes et vostres priviledges sa en rer per los

reys Dangleterre et dux de Guiayne autreyatz vos sauberey, tant quoant

serey en lodit offici, sauban le fideutat de nostre seinhor lo Rey."

[747] "Et losditz maire et juratz deben jurar en le maneyre seguent

disent assi: Per aques sentz nos vos seram bons, fideus, leyaus, et

hobediens; vite et menbres vos guarderam; bon cosseilh et leyau vos

deram, a nostre leyau poder; et segretz vos thieram."

APPENDIX B.

THE APPEAL TO ROME IN 1136.

(See p. 8.)

One of the most interesting and curious discoveries that I have made in

the course of my researches has been the true story of the appeal to

Rome as arbiter between Stephen and Maud. Considering the exceptional

importance of this episode, in many ways, it has received strangely

little attention, with the result that it has been imperfectly

understood and almost incredibly misdated.

Mr. Freeman, working, in the _Norman Conquest_, from the _Historia

Pontificalis_,[748] writes of this episode as taking place on and in

consequence of Stephen's attempt to secure the coronation of Eustace in

1152.[749] Miss Norgate has gone into the matter far more fully than Mr.

Freeman, but at first assigned the debate described in the _Historia

Pontificalis_ to "1151."[750]

In so doing, she was guided merely by the _Historia_ passage itself,

which she did not connect, as did Mr. Freeman, with the episode of the

proposed coronation in 1152. But on investigating the matter more

closely, she was clearly led to reject the date she had first given:—

"From the way in which the trial is brought into the _Historia

Pontificalis_, it would at first sight seem to have taken place in

1151. But the presence of Bishop Ulger of Angers and Roger of Chester,

both of whom died in 1149, and the account of the proceedings written

by Gilbert Foliot to Brian fitz Count, clearly prove the true date to

be 1148."[751]

As to the time of the bishop's death, Roger died, not in 1149, but in

April, 1148, and at Antioch, so that the chronology is no less fatal to

Miss Norgate's date than to Mr. Freeman's own. But the additional

evidence she obtains from Gilbert Foliot's letter requires a special

examination.

The sequence of events at which she arrives is this:—

(1) Theobald goes, in defiance of Stephen, to the council convened at

Rheims by Eugenius III. for Mid-Lent Sunday, (March) 1148 (N.S.).

(2) Stephen forfeits Theobald, and is threatened in consequence by the

Pope.

(3) Geoffrey of Anjou, thereupon, challenges Stephen "to an

investigation of his claims before the papal court." Stephen, in reply,

calls on Geoffrey to surrender Normandy "before he would agree to any

further proceeding in the matter."

(4) Geoffrey surrenders Normandy—but to his son Henry, and Stephen

"appears to have consented, as if in desperation, to the proposed trial

at Rome."

(5) "The trial" takes place, as recorded in the _Historia Pontificalis_,

and is attended, _inter alios_, by Gilbert Foliot, Abbot of Gloucester,

who had obtained "the succession to the vacant see" of Hereford at the

Council of Rheims, and had added, in consequence, to his style the words

"et Herefordiensis ecclesiæ mandato Domini Papæ vicarius."

(6) Gilbert Foliot writes the letter to Brian fitz Count, reviewing the

treatise which Brian had just composed in support of the claims of the

Empress, and alluding to the above "trial" at Rome which he (Gilbert)

had attended.

(7) Gilbert Foliot is consecrated Bishop of Hereford by Theobald, at St.

Omer, in September (1148).[752]

Of these events, the cession of Normandy by Geoffrey to his son Henry

belongs, as Mr. Howlett has pointed out, not to 1148, but to 1150 or

1151.[753] This, however, scarcely affects Miss Norgate's sequence of

events. It is when we turn to Foliot's letter that our suspicions begin

to be aroused. Although Dr. Giles has placed it at the end of those

letters which belong to the period of his rule as abbot (1139-1148), we

must be struck by the fact that if (as Miss Norgate holds) it was

written just before his consecration as Bishop of Hereford, the style

would have been "elect of Hereford," or, at least, "Vicar of the Diocese

(_ut supra_)," instead of "Abbot of Gloucester" only. Moreover, as Henry

was _ex hypothesi_ now Duke of Normandy, the "trial" would have been,

surely, of his own claims, not of those of his mother, who had virtually

retired in his favour. Lastly, we must see that the date assigned by her

to this "trial" at Rome (1148) is a mere hypothesis unsupported by any

direct evidence.

But, indeed, we have only to read the letter and the _Historia

Pontificalis_ to see that they must have been perused with almost

incredible carelessness. For Gilbert Foliot distinctly mentions (_a_)

that he is writing in the time of Pope Celestine,[754] (_b_) that the

"trial" took place under Pope Innocent.[755] Now, Celestine died in

March, 1144, and his predecessor Innocent had died in September, 1143.

The letter, therefore, must have been written within these six months,

and the "trial" at Rome must have taken place before September 24, 1143.

This being clear, we naturally ask:—How came Innocent thus to hear the

case argued, when he had admittedly "confirmed" Stephen at the very

beginning of his reign? Having decided the question at the outset, how

could he ignore that decision, and begin, as it were, _de novo_?

Moreover, Stephen's champion is described by the _Historia_ writer as

Arnulf, Archdeacon of Séez, afterwards Bishop of Lisieux. Now, Miss

Norgate, with her usual care, fixes the date of his elevation to the see

as 1141.[756] A council, therefore, which he attended as archdeacon

must, on her own showing, be not later than this.[757] Lastly, now that

we know the council to be previous to 1141, do not the words of the

writer—"Magno illi conventui cum domino et patre nostro domino abbate

Cluniacensi interfui et ego Cluniacensium minimus"—suggest that it was,

further, previous to his becoming Abbot of Gloucester in 1139? Turning

again to the passage in the _Historia Pontificalis_ (41), we find that,

in the light of the above evidence, its meaning is beyond dispute. So,

indeed, it should be of itself, but for a most incomprehensible blunder

by which two passages of the _narrative_ are printed in Pertz as part of

the arguments advanced in the debate. The fact is that the writer of the

_Historia_, when he comes to the proposal to crown Eustace, is anxious

to show us how the matter stood by tracing the attitude of the Papacy to

Stephen since the beginning of his reign. He, therefore, takes us right

back to the year of the king's accession, and tells us how, and to what

extent, his claim came to be confirmed.

This discovery at once explains Gilbert Foliot's expression. For, the

trial at Rome taking place, as I shall show, early in 1136, he attended

it, not as Abbot of Gloucester, but merely as "minimus Cluniacensium,"

in attendance on his famous abbot, Peter the Venerable (1122-1158). It

may have been as prior ("claustral" prior?) of the abbey that he thus

attended him, for we know from himself that he had held that office.

Everything now fits into place. We find that, following in her

grandfather's footsteps, Maud at once appealed to Rome against Stephen's

usurpation, charging him, precisely as William, in his day, had charged

Harold, (1) with defrauding her of her rightful inheritance, (2) with

breach of his oath. Stephen, when he had overcome the scruples of

William of Corbeuil, and had secured coronation at his hands, hastened

to take his next step by despatching to Rome three envoys to plead his

cause before the pope. These envoys were Roger, Bishop of Chester,

Arnulf, Archdeacon of Séez (the spokesman of the party), and "Lovel," a

clerk of Archbishop William.[758] This last was, of course, intended to

represent his master in the matter, and to justify his action in

crowning Stephen by explaining the grounds on which his scruples had

been overruled. The envoys were abundantly supplied with the requisite

motive power—or, shall we say, the oil for lubricating the wheels of the

Curia?—from the hoarded treasure of the dead king, which was now in his

successor's hands. The pope resolved that so important a cause required

no ordinary tribunal: he convoked for the purpose a great council, and

among those by whom it was attended was Peter, Abbot of Cluny, with

Gilbert Foliot in his train.[759]

The name of Cluny leads me to break the thread for a moment for the

purpose of insisting on the important fact that the sympathies of the

house, under its then abbot, must have been with the Angevin cause. This

is certain from the documents printed by Sir George Duckett,[760]

especially from the Mandatory Epistle of this same Abbot Peter relating

to the Empress.[761] We have here, I think, the probable explanation of

the energy with which that cause was espoused by Gilbert Foliot.

To return to the council. The case for the prosecution, as we might term

it, was opened by the Bishop of Angers, who charged Stephen both with

perjury, that is, with breaking the oath he had sworn to Henry I., and

with usurpation in seizing the throne to the detriment of the rightful

heir.[762] Stephen's supporters, with Arnulf at their head, met these

charges by a defence, the two reports of which are not in absolute

harmony. It is quite certain that to the charge of usurpation they

retorted that the Empress was the offspring of an unlawful alliance, and

had, therefore, suffered no wrong.[763] But how they disposed of the

oath is not so clear. According to Gilbert Foliot, whose account we may

safely follow, they advanced the subtle and ingenious plea that fidelity

had only been sworn to the Empress as heir ("sicut heredi") to the

throne, and since (they urged) she was not such heir (for the reason

given above), the oath was _ipso facto_ void, and the charge fell to the

ground.[764] The other writer asserts that the defence was based, first,

on the plea that the oath had been forcibly extorted, and, second, on

the cunning pretence that the king had reserved to himself the right of

appointing another heir, and had exercised that right on his deathbed,

to the extent of disinheriting the Empress and nominating Stephen in her

stead.[765]

A careful study of the two versions has led me to believe that both

writers were, probably, right in their facts. Gilbert Foliot would be

the last man to invent an argument in favour of Stephen, nor would the

other writer have any inducement to do so, writing (as he did) long

after that king's death. Moreover, the pleas that (1) the oath had been

extorted, (2) Henry I. had released his barons from its obligation, are

precisely those which the author of the _Gesta_ and William of

Malmesbury[766] respectively mention as being advanced on Stephen's

behalf. Lastly, we have yet another plea advanced by Bishop Roger of

Salisbury, namely, that, so far as he was himself concerned, he looked

on the re-marriage of the Empress, without the consent of the Great

Council, as absolving him from his oath. Now, all this points to one

conclusion. The thorn in the side of Stephen and of his friends was,

clearly, this unlucky oath. Their various attempts to excuse its breach

betray their consciousness of the fact. More especially was this the

case before a spiritual court. Hence their ingenious endeavour,

described by Gilbert Foliot, to keep the oath in the background as the

lesser of the two points. Hence, too, their accumulated pleas. First,

they urge that the oath was void because the Empress was not the heir;

then, that it was void, because extorted; lastly, that it was void

because the dying king had released them from their obligation. Such an

argument as this speaks for itself.

The only point on which the two witnesses do, at first sight, differ, is

the attitude taken by the Bishop of Angers with regard to the plea that

the Empress was not of legitimate birth. Did he contravene this plea?

The _Historia_ asserts that when Stephen's advocates had stated the case

for the defence, the bishop rose and traversed their pleadings,

rejecting them one by one. But Gilbert, writing to Brian fitz Count,

admits that the attack on the birth of the Empress (the only argument

which he discusses) had not been replied to.[767] Now, the version found

in the _Historia_, though composed much later, is a more detailed

account, and bears the stamp of truth. Yet Gilbert's admission to his

friend and ally betrays an uneasy consciousness that the charge had not

been disposed of. For he asks him to suggest an effectual reply, and

proceeds to suggest one himself.[768] He relies on St. Anselm's consent

to her parents' marriage. We have here possibly the clue we seek. For

the Bishop of Angers, in his speech, as given by the writer of the

_Historia_, had not alluded to St. Anselm's consent.[769] Perhaps he was

taken by surprise, and had not expected the plea.

Stephen's advocates seem, from a hint of Gilbert Foliot,[770] to have

simply "stampeded the convention" (_conventus_), and the wrath of the

Angevin champion rose to a white heat.[771] The pope commanded that the

wrangling should cease, and announced that he would neither pass

sentence nor allow the trial to be adjourned. This was equivalent to a

verdict that the king was not guilty, and was duly followed by a letter

to Stephen confirming him in his possession of the kingdom and the

duchy.[772]

Seeing that he had lost his case, the aged Bishop of Angers relieved his

feelings by a bitter jest at the cost of the heir of St. Peter.[773]

But we are more immediately concerned with that letter by which the pope

(the writer tells us) confirmed Stephen in possession. For this

connecting link is no other than the letter which meets us in the pages

of Richard of Hexham.[774]

Its relevant portion runs thus:—

"Nos cognoscentes vota tantorum virorum in personam tuam, præeunte

divina gratia, convenisse, pro spe etiam certa,[775] et [quia] beato

Petro in ipsa consecrationis tuæ die obedientiam et reverentiam

promisisse, et quia de præfati regis prosapia prope posito gradu

originem traxisse dinosceris, quod de te factum est gratum habentes, te

in specialem beati Petri et sanctæ Romanæ ecclesie filium affectione

paterna recipimus, et in eadem honoris et familiaritatis prærogativa,

qua predecessor tuus egregiæ recordationis Henricus a nobis

coronabatur, te propensius volumus retinere."

The chronicler, observing that Stephen was "his et aliis modis in regno

Angliæ confirmatus," passes straight from this letter to the King's

Oxford charter, in which he describes himself as "ab Innocentio sanctæ

Romanæ sedis pontifice confirmatus." Of this "confirmation," as we find

it styled by the author of the _Historia_, by Richard of Hexham, by John

of Hexham, and lastly, by Stephen himself, I speak more fully in the

text. For the present the point to be grasped is that (1) the

"conventus" at Rome was previous to (2) this letter of the pope, which

was previous itself to (3) Stephen's charter, which is assigned to the

spring (after Easter) of 1136. Thus we arrive at the fact that the

council and debate at Rome belong to the early months of 1136.

To complete while we are about it the explanation of the _Historia_

narrative, we will now take the second passage which has been

erroneously printed in Pertz—

"Postea, cum prefatus Guido cardinalis promoveretur in papam

Celestinum, favore imperatricis scripsit domno Theobaldo Cantuarensi

archiepiscopo inhibens ne qua fieret innovatio in regno Anglie circa

coronam, quia res erat litigiosa cujus translatio jure reprobata est.

Successores eius papæ Lucius et Eugenius eandem prohibitionem

innovaverunt."

This passage is absurdly given as part of Bishop Ulger's sneer.

The above cardinal is Guy, cardinal priest of St. Mark, referred to in

the previous misplaced passage as opposing the confirmation of Stephen.

Observe here that three writers allude quite independently to his

sympathy with the Angevin cause. These are—(1) the writer (_ut supra_)

of the _Historia Pontificalis_; (2) Gilbert Foliot, who speaks of him,

when pope, as "favente parti huic domino papa Celestino," and (3) John

of Hexham, who describes him as "Alumpnus Andegavensium." A coincidence

of testimony, so striking as this, strengthens the authority of all

three, including that of the writer of the _Historia Pontificalis_.

The step taken by Pope Celestine was based on the alleged doubt in which

his predecessor had left the question. It was, he held, still "res

litigiosa," and, therefore, without reversing the action of Innocent in

the matter, he felt free to forbid any further step in advance. His

instructions to that effect, to the primate, were duly renewed by his

successors, and covered, when the time arrived, the case of the

coronation of Eustace as being an "innovatio in regno Anglie circa

coronam." Stephen had, indeed, been confirmed as king, and this could

not be undone. But that confirmation did not extend to the son of the

"perjured" king.[776]

With the character and meaning of the "confirmation" obtained by Stephen

from the pope, I have dealt in the body of this work. There are,

however, a few minor points which had better be disposed of here. Of

these the first is Miss Norgate's contention that when, in 1148, Stephen

met Geoffrey's challenge to submit his claims to Rome, "by a counter

challenge calling upon Geoffrey to give up his equally ill-gotten duchy

before he would agree to any further proceeding in the matter,"

"Geoffrey took him at his word, but in a way which he was far from

desiring. He did give up the duchy of Normandy, by making it over to

his own son, Henry Fitz-Empress."[777]

A reference to the passage in the _Historia_[778] on which Miss Norgate

relies, will show at once that Geoffrey, on receiving the

counter-challenge, abandoned all thought of carrying the matter

further.[779] It also incidentally proves that Geoffrey had refused

admission to his dominions to either pope or legate. This is a fact of

interest.

This was not the only occasion on which Stephen's "recognition" by the

pope stood him in good stead. At the crisis of 1141, the sensitive

conscience of Archbishop Theobald had prevented his transferring his

allegiance to the Empress, badly though Stephen had treated him, till he

received permission from the Lord's anointed to follow in the footsteps

of his brother prelates.[780]

The loyal primate explained the position when Gilbert Foliot had enraged

the Angevins by doing homage to Stephen for the see of Hereford. Wholly

Angevin though they were in their sympathies, the prelates maintained

that they were bound as Churchmen to follow the pope's ruling, and that

the Papacy had "received" Stephen as king.[781]

Another point deserving notice is the choice of Arnulf, afterwards the

well-known Bishop of Lisieux, as Stephen's chief envoy in 1136. For Miss

Norgate, oddly enough, misses this point in her sketch of this

distinguished man's career.[782] She has nothing to say of his doings

between his _Tractatus de Schismate_, "about 1130," and his appointment

to the see of Lisieux in 1141, from which date "for the next forty years

there was hardly a diplomatic transaction of any kind, ecclesiastical or

secular, in England or in Gaul, in which he was not at some moment or in

some way or other concerned."[783] This, therefore, constitutes a

welcome addition to his career, and, moreover, gives us the reason of

Geoffrey's aversion to him, when duke, and of the "heavy price" with

which his favour had to be bought by Arnulf.[784]

The last point concerns the "most interesting and valuable"[785] letter

from Gilbert Foliot to Brian fitz Count. A careful perusal of this

composition has led me to believe, from internal evidence, that it

refers not (as Miss Norgate puts it) to a "book" by Brian fitz Count, or

"a defence of his Lady's rights in the shape of a little treatise,"[786]

but to a justification of his own conduct in reply to hostile criticism.

And I venture to think that so far from this composition being

"unhappily lost,"[787] it may be, and probably is, no other than that

lengthy epistle from Brian to the Bishop of Winchester, of which a copy

was entered in Richard de Bury's _Liber Epistolaris_. And there,

happily, it is still preserved.[788] This can only be decided when the

contents of that epistle are made accessible to the public, as they

should have been before now.

* * * * *

To resume. I have now established these facts. The "trial" at Rome took

place, not, as Mr. Freeman assumes, in 1152, nor, as Miss Norgate

argues, in 1148, but early in 1136. The letter of Gilbert Foliot, in

which he refers to it, was written, not in 1148, but late in 1143 or

early in 1144. The whole of Miss Norgate's sequence of events (i. 369,

370) breaks down entirely. The great debate before the pope at Rome was

not the result of Stephen's attempt to get Eustace crowned, nor of

Geoffrey's challenge to Stephen by the mouth of Bishop Miles, but of the

charge brought against Stephen at the very outset of his reign. The true

story of this debate and of Stephen's "confirmation," by the pope, as

king is here set forth for the first time, and throws on the whole chain

of events a light entirely new.

[748] Pertz's _Monumenta Historica_, vol. xx.

[749] "The application to Rome and the debate which followed it there

are to be found in the _Historia Pontificalis_, 41 (Pertz, xx. 543).

Bishop (_sic_) Henry 'promisit se daturum operam et diligentiam ut

apostolicus Eustachium filium regis coronaret. Quod utique fieri non

licebat, nisi Romani pontificis veniâ impetratâ.' I have already (see

above, p. 251) had to refer to some of the points urged in this debate"

(_Norm. Conq._, v. 325, note). On turning to "p. 251," we similarly find

the debate spoken of as belonging to "later years," and at p. 354 also,

while at p. 857 we read: "At a later time, in the argument before Pope

Innocent (_sic_), when Stephen is trying to get the pontiff's consent to

the coronation of his son Eustace (p. 325)," etc., etc. How an argument

could be held before Innocent, many years after his death, Mr. Freeman

does not explain.

[750] _England under the Angevin Kings_, i. 278, _note_.

[751] _England under the Angevin Kings_, i. 370, _note_.

[752] _Ibid._, i. 370, 371, 495, 496.

[753] _Academy_, November 12, 1887.

[754] "Sed jam nunc Deo propitio et favente parti huic domino papa

Celestino."

[755] "Audisti dominum papam Innocentium convocasse ecclesiam et Romæ

conventum celebrem habuisse."

[756] _England under the Angevin Kings_, i. 500.

[757] Perhaps she did not recognize his name (see below).

[758] "Ex adverso steterunt a rege missi Rogerus Cestrensis episcopus

Lupellus clericus Guillelmi bone memorie Cantuarensis archiepiscopi, et

qui eis in causa patrocinabatur Ernulfus archidiaconus Sagiensis"

(_Hist. Pontif._, 41).

[759] "Audisti dominum papam Innocentium convocasse ecclesiam et Romæ

conventum celebrem habuisse. Magno illi conventui cum domino et patre

nostro domino abbato Cluniacensi interfui et ego Cluniacensium minimus.

Ibi causa hæc in medium deducta est, et aliquandiu ventilata" (Foliot's

letter, lxxix., ed. Giles, i. 100).

[760] _Charters and Records of the Ancient Abbey of Cluni_ (1888).

[761] "Felicis memoriæ rex Anglorum et Dux Normannorum, Henricus,

Willelmi primo ducis dein regis filius, speciali eam [Cluniacensem

ecclesiam] amore coluit et veneratus est. Donis autem multiplicibus et

magnis omnes jam dictos exsuperans, etiam majorem ecclesiam ... miro et

singulari opere inter universas pene tocius orbis ecclesias consummavit.

Ea de causa, specialis apud universos Cluniacensis ordinis fratres ejus

memoria habetur et in perpetuum per Dei gratiam habebitur. Cui in

paterna hereditate succedens Matildis, ejus filia, Henrici magni

Romanorum imperatoris conjux ... paternæ imaginis et prudentiæ formam

velut sigillo impressam representavit, et præter alia digna relatu,

Cluniacensem ecclesiam more patris sincere dilexit" (_ibid._, ii. 104).

[762] "Stabat ab Imperatrice dominus Andegavensis episcopus, qui ... duo

inducebat precipue, jus scilicet hereditarium et factum imperatrici

juramentum" (Foliot's letter, _ut supra_). "Querimoniam imperatricis ad

papam Innocentium Ulgerius Andegavorum venerandus antistes detulit,

arguens regem periurii et illicité presumptionis regni" (_Hist.

Pontif._, 41).

[763] "Hic [Ernulfus] adversus episcopum allegavit publice, quod

imperatrix patris erat indigna successione, eo quod de incestis nupciis

procreata et filia fuerat monialis, quam Rex Henricus de monasterio

Romeseiensi extraxerat eique velum abstulerat" (_Hist. Pontif._).

"Imperatricem, de qua loquitur, non de legitimo matrimonio ortam

denuntiamus. Deviavit a legitimo tramite Henricus rex, et quam non

licebat sibi junxit matrimonio, unde istius sunt natalitia propagata:

quare illam patri in heredem non debere succedere et sacra denuntiant"

(Foliot's letter).

[764] "Sublato enim jure principali, necessario tollitur et secundarium.

In hac igitur causâ principale est, quod dominus Andegavensis de

hereditate inducit et ab hoc totum illud dependet, quod de juramento

subjungitur. Imperatrici namque sicut heredi juramentum factum fuisse

pronunciat. Totum igitur quod de juramento inducitur, exinaniri necesse

est, si de ipso hereditario jure non constiterit" (_ibid._).

[765] "Juramentum confessus est [Ernulfus], sed adjecit violentur

extortum, et sub conditione scilicet imperatrici successionem patris se

pro viribus servaturum, nisi patrem voluntatem mutare contingeret et

heredem alium instituere; poterat enim esse ut ei de uxore filius

nasceretur. Postremo subjecit quod rex Henricus mutaverat voluntatem et

in extremis agens filium sororis suæ Stephanum designavit heredem"

(_Hist. Pontif._).

[766] So also Gervase of Canterbury.

[767] "Hoc in communi audientiâ multum vociferatione declamatum est, et

nihil omnino ab altera parte responsum."

[768] "Rogo, mihi in parte ista respondeas. Interim dicam ipse quod

sentio. Majores natu, personas religiosas et sanctas, sæpius de re ista

conveni. Audio illius matrimonii copulam sancto Anselmo archiepiscopo

ministrante celebratam.... Manus autem sibi præcidi permississet

[Anselmus], quam eas ad opus illicitum extendisset."

[769] His reply was: "Ipsa [Romana ecclesia] enim confirmavit

matrimonium quod accusas, filiamque ex eo susceptam domnus Pascalis

Romanus pontifex inunxit in imperatricem. Quod utique non fecisset de

filia monialis. Nec eum veritas latere poterat, quia non fuit obscurum

matrimonium aut contractum in tenebris."

[770] "Multorum vociferatione declamatum est."

[771] "In Archidiaconum excandescens" (_Hist. Pontif._).

[772] "Non tulit ulterius contentiones eorum domnus Innocentius nec

sententiam ferre voluit aut causam in aliud differre tempus, sed contra

consilium quorundam cardinalium et maxime Guidonis presbiteri sancti

Marci, receptis muneribus regis Stephani, ei familiaribus litteris

regnum Angliæ confirmavit et ducatum Normanniæ." This is the passage so

inexplicably printed in Pertz as part of the bishop's speech, which

immediately precedes it.

[773] "Ulgerius vero cum cognitioni cause supersederi videret, verbo

comico utebatur dicens: 'De causa sua querentibus intus despondebitur;'

et adjiciebat: 'Petrus enim peregre profectus est, nummulariis relicta

domo'" (_Hist. Pontif._).

[774] Ed. Howlett, p. 147.

[775] Compare the description of Henry of Winchester, shortly before

this, as "spe scilicet captus amplissima" that Stephen would do his duty

by the Church.

[776] "Ne filium regis, qui contra jusjurandum regnum obtinuisse

videbatur in regem sublimaret" (_Gervase_).

[777] Vol. i. p. 369.

[778] Pertz, xx. p. 531. Bishop Miles is sent to England, "ad petitionem

Gaufridi comitis Andegavorum, ut regem super perjurio et regni

occupatione conveniret et ducatu Normanniæ, quem invaserat."

[779] Mr. Howlett has duly pointed out that Geoffrey did not, as Miss

Norgate imagines, hand over Normandy to his son in consequence of this

challenge; but I would point out further that Stephen demanded not

merely the surrender of Normandy, but also that of the _English_

districts then under Angevin sway ("Hoc retulit responsum: quod rex

_utrumque_ honorem et jure suo _et ecclesie Romane auctoritate_ adeptus

erat, _nec refugerat stare judicio apostolicæ sedis_, quando eum comes

violenter ducatu spoliavit et parte regni. _Quibus_ non restitutis non

debebat subire judicium" (p. 531)).

[780] "Confiscata sunt (1148) bona ejus et secundo proscriptus pro

obediencia Romane ecclesie. Nam et alia vice propter obedienciam sedis

Apostolicæ proscriptus fuerat, quando, urgente mandato domini Henrici

Wintoniensis episcopi tunc legatione fungentis in Anglia post alios

episcopos omnes receperat imperatricem ... licet inimicissimos habuerit

regem et consiliarios suos" (_Hist. Pontif._).

[781] [Stephen] "quem tota Anglicana ecclesia sequebatur ex

constitutione ecclesie Romane. Licet proceres divisi diversos principes

sequerentur, unum tamen habebat ecclesia ... quod episcopo non licuerat

ecclesiam scindere ei subtrahendo fidelitatem quem ecclesia Romana

recipiebat ut principem" (_Ibid._, pp. 532, 533).

[782] _England under the Angevin Kings_, i. 500-502.

[783] _Ibid._

[784] The stinging taunts of the Bishop of Angers on Arnulf's humble

origin, as given in the _Hist. Pontif._, are of great importance in

their bearing on Henry I.'s policy of raising men to power "from the

dust." They should be compared with the well-known sneer of Ordericus

(see p. 111).

[785] _England under the Angevin Kings_, i. p. 496, _note_.

[786] _Ibid._, p. 369.

[787] _Ibid._, p. 496, _note_.

[788] I called attention to this letter in a communication to the

_Athenæum_, pointing out that in Mr. Horwood's report on the _Liber

Epistolaris_ in an Historical MSS. Commission Report on Lord Harlech's

MSS. (1874), mention was made, among its contents, of a letter from the

Bishop of Winchester to Brian fitz Count, and of Brian's reply, which is

merely described as "a long reply to the above" (it extends over three

folios), and of which a _précis_ should certainly have been given.

APPENDIX C.

THE EASTER COURT OF 1136.

(See p. 19.)

I here give in parallel columns the witnesses to (I.) Stephen's

grant to Winchester; (II.) his grant of the bishopric of Bath;

(III.) his great charter of liberties subsequently issued at

Oxford.

I.

King Stephen.

Queen Matilda.

William, Earl Warenne.

Ranulf, Earl of Chester.

Henry, son of the King of Scotland [Scotie].

Roger, Earl of Warwick.

Waleran, Count of Meulan.

William de Albemarla.

Simon de Silvanecta.

Aubrey de Vere, Camerarius.

William de Albini, Pincerna.

Robert de Ver, Conestabularius.

Miles de Gloucester, Conestabularius.

Brian fitz Count, Conestabularius.

Robert fitz Richard, Dapifer.

Robert Malet, Dapifer.

[William] Martel, Dapifer.

Simon de Beauchamp, Dapifer.

William, Archbishop of Canterbury.

Thurstan, Archbishop of York.

Hugh, Archbishop of Rouen.

Roger, Bishop of Salisbury.

Nigel, Bishop of Ely.

Seffrid, Bishop of Chichester.

Ebrard, Bishop of Norwich.

Simon, Bishop of Worcester.

Robert, Bishop of Bath.

Bernard, Bishop of St. David's.

Robert, Bishop of Hereford.

John, Bishop of Rochester.

Audoen, Bishop of Evreux.

John, Bishop of Séez.

Richard, Bishop of Avranches.

"Algarus," Bishop of Coutances.

Roger the Chancellor.

Roger de Fecamp, Capellanus.

Henry, nephew of King Stephen.

Reginald, son of King Henry.

Robert de Ferrers. }

William Peverel de Nottingham.}

Ilbert de Lacy. }

Walter Espec. }

Payn fitz John. }

Eustace fitz John. }

Walter de Salisbury. }

Robert Arundel. }

Geoffrey de Mandeville. }

Hamo de St. Clare. }

Roger de Valoines. } Barones.

Henry de Port. }

Walter fitz Richard. }

Walter de Gant. }

Walter de Bolebec. }

Walchelin Maminot. }

William de Percy.[789] }

II.

William, Archbishop of Canterbury.

Thurstan, Archbishop of York.

Hugh, Archbishop of Rouen.

Henry, Bishop of Winchester.

Roger, Bishop of Salisbury.

Alexander, Bishop of Lincoln.

Nigel, Bishop of Ely.

Seffrid, Bishop of Chichester.

Robert, Bishop of Hereford.

John, Bishop of Rochester.

Bernard, Bishop of St. David's.

Simon, Bishop of Worcester.

Ebrard, Bishop of Norwich.

Audoen, Bishop of Evreux.

John, Bishop of Séez.

"Algarus," Bishop of Coutances.

Richard, Bishop of Avranches.

Athelwulf, Bishop of Carlisle.

Roger the Chancellor.

Henry, the nephew of the king.

Henry, son of the King of Scotland.

William, Earl Warenne.

Waleran, Count of Meulan.

Roger, Earl of Warwick.

Robert de Ver, Conestabularius.

Miles de Gloucester, Conestabularius.

Aubrey de Vere, Camerarius.

William de Pont de l'arche, Camerarius.

Robert fitz Richard, Camerarius.

William de Albini, Pincerna.

Robert de Ferrars.

Robert Arundel.

Geoffrey de Mandeville.

Ilbert de Lacy.

William Peverel.

Geoffrey Talbot.

III.

William, Archbishop of Canterbury.

Hugh, Archbishop of Rouen.

Henry, Bishop of Winchester.

Roger, Bishop of Salisbury.

Alexander, Bishop of Lincoln.

Nigel, Bishop of Ely.

Ebrard, Bishop of Norwich.

Simon, Bishop of Worcester.

Bernard, Bishop of St. David's.

Audoen, Bishop of Evreux.

Richard, Bishop of Avranches.

Robert, Bishop of Hereford.

John, Bishop of Rochester.

Athelwulf, Bishop of Carlisle.

Roger the Chancellor.

Henry, the nephew of the king.

Robert, Earl of Gloucester.

William, Earl Warenne.

Ranulf, Earl of Chester.

Roger, Earl of Warwick.

Robert de Ver. }

Miles de Gloucester. } Conestabuli.

Brian fitz Count. }

Robert de Oilli. }

William Martel. }

Hugh Bigot. } Dapiferi.

Humphrey de Bohun. }

Simon de Beauchamp. }

William de Albini. } Pincernæ

Eudo Martel. }

Robert de Ferrers.

William Peverel de Nottingham.

Simon de Saintliz.

William de Albamarla.

Payn fitz John.

Hamo de St. Clare.

Ilbert de Lacy.[790]

There were thus assembled at the Easter court of 1136 the two primates

of England and twelve of their suffragans, and the primate of Normandy,

with four of his—nineteen prelates in all. Next to these, in order of

precedence, were Henry, the king's nephew,[791] Henry, son of the King

of Scots, and Reginald, afterwards Earl of Cornwall, whose presence, as

a son of the late king, was of importance in the absence of the Earl of

Gloucester. The names in all three lists repay careful study. Among them

we find all those of the leading supporters of the Empress in the

future, while in Robert de Ferrers, William de Aumale, and Geoffrey de

Mandeville, we recognize three of those who were to receive earldoms

from Stephen. The style and place of William de Aumale deserves special

notice, because they prove that he did not, as is supposed, enjoy

comital rank at the time.[792] This fact, further on, will have an

important bearing. So, too, Simon de St. Liz ("de Silva Necta") was

clearly not an earl at the time of these charters. It is believed indeed

that he was Earl of Northampton, while Henry of Scotland was Earl of

Huntingdon. But it is clear that when Henry received from Stephen, as he

had just done, Waltheof's earldom, that grant must have comprised

Northampton as well as Huntingdon; and I have seen other evidence

pointing to the same conclusion. In after years, when Simon was as loyal

as the Scotch court was hostile to Stephen, he may well have received

the earldom of Northampton from the king he served so well. But for the

present, Henry of Scotland was in high favour with Stephen, so high that

the jealousy of the Earl of Chester, stirred by the alienation of

Carlisle, blazed forth at this very court.[793] Their mention of

Ranulf's presence, as of Henry's, confirms the authenticity of our

charters.

The document with which they should be compared is the charter granted

to the church of Salisbury by Henry I. at his Northampton council in

1131 (September 8).[794] Its witnesses are the Archbishops of Canterbury

and York, ten bishops (Gilbert of London, Henry of Winchester, Alexander

of Lincoln, John of Rochester, Seffrid of Chichester, William of Exeter,

Robert of Hereford, Symon of Worcester, Roger of "Chester," and Ebrard

of Norwich), seven abbots (Anscher of Reading, Ingulf of Abingdon,

Walter of Gloucester, Geoffrey of St. Albans, Herbert of Westminster,

Warner of Battle, and Hugh of St. Augustine's), Geoffrey the

chancellor,[795] with Robert "de Sigillo,"[796] and Nigel the Bishop of

Salisbury's nephew,[797] five earls (Robert of Gloucester, William of

Warenne, Randulf of Chester, Robert of Leicester, and Roger of Warwick),

nineteen barons (Brian fitz Count, Miles de Gloucester, Hugh Bigod,

Humfrey de Bohun, Payne fitz John, Geoffrey de Clinton, William de Pont

de l'Arche, Richard Basset, Aubrey de Ver, Richard fitz Gilbert, Roger

fitz Richard, Walter fitz Richard, Walter de Gant, Robert de Ferrers,

William Peverel of Nottingham, Baldwin de Redvers, Walter de Salisbury,

William de Moion, Robert de Arundel), forty-six in all. In many ways a

very noteworthy list, and not least in its likeness to the future House

of Lords, with its strong clerical element. It is impossible to comment

on all the magnates here assembled at Henry's court, many of whom we

meet with again, but attention may be called to the significant fact

that nine of the earldoms created under Stephen were bestowed on houses

represented among the nineteen barons named above.[798]

[789] This list is here printed as it is given by Hearne, but the order

of the names, of course, is wholly erroneous, the prelates being placed

low down instead of at the head. The right order would be prelates,

chancellor (and chaplain), the "royalties," the earls, the household

officers, and the "barones." But it would not be safe to rearrange the

names in the absence of the original charter, in which they probably

stood in parallel columns.

[790] This list is taken from that in Stubbs' _Select Charters_, which

is derived, through the _Statutes of the Realm_, from a copy at Exeter

Cathedral. There is another version in Richard of Hexham (ed. Howlett,

pp. 149, 150), in which Payn fitz John is omitted and _Hugh_ de St.

Clare entered in error for _Hamon_. But the reading "Silvanecta" (for

"Saint liz") is confirmed by Charter No. I., as well as by a charter in

_Cott. MSS._, Nero, C. iii. (fol. 177). Both versions of this list are

questionable as to the second "pincerna," the statutes reading "Eudone

Mart'," while Richard gives "Martel de Alb'."

[791] Henry de Soilli (or Sully), son of Stephen's brother William. I

find him attesting a charter of Stephen abroad, subsequently, as "H. de

Soilli, nepote regis." He was a monk, and failing to obtain the

bishopric of Salisbury or the archbishopric of York, in 1140, was

consoled with the Abbey of Fécamp.

[792] For if he had even been then a count over sea, he would have

ranked, like the Count of Meulan, among English earls.

[793] "Fuit quoque Henricus filius regis Scottiæ ad curiam Stephani

regis Angliæ in proxima Pascha, quam apud Londoniam festive tenuit, cum

maximo honore susceptus, atque ad mensam ad dexteram ipsius regis sedit.

Unde et Willelmus archiepiscopus Cantuarensis se a rege subtraxit, et

quidam proceres Angliæ erga regem indignati coram ipso Henrico

calumpnias intulerant" (_Ric. Hexham_). Among these "proceres" was the

Earl of Chester.

[794] _Sarum Charters and Documents_ (Rolls Series), pp. 6, 7.

[795] Afterwards Bishop of Durham.

[796] Afterwards Bishop of London.

[797] Afterwards the celebrated Bishop of Ely.

[798] See Appendix D: "The 'Fiscal' Earls."

APPENDIX D.

THE "FISCAL" EARLS.

(See p. 53.)

"Stephen's earldoms are a matter of great constitutional importance."

Such are the words of the supreme authority on the constitutional

history of the time. I propose, therefore, to deal with this subject in

detail and at some length, and to test the statements of the

chroniclers—too readily, as I think, accepted—by the actual facts of the

case, so far as they can now be recovered.

The two main propositions advanced by our historians on this subject

are: (1) that Stephen created many new earls, who were deposed by

Henry II. on his accession;[799] (2) that these new earls, having no

means of their own, had to be provided for "by pensions on the

Exchequer."[800] That these propositions are fairly warranted by the

statements of one or two chroniclers may be at once frankly conceded;

that they are true in fact, we shall now find, may be denied without

hesitation.

Let us first examine Dr. Stubbs's view as set forth in his own words:—

"Not satisfied with putting this weapon into the hands of his enemies,

he provoked their pride and jealousy by conferring the title of earl

upon some of those whom he trusted most implicitly, irrespective of the

means which they might have of supporting their new dignity. Their

poverty was relieved by pensions drawn from the Exchequer.... Stephen,

almost before the struggle for the crown had begun, attempted to

strengthen his party by a creation of new earls. To these the third

penny of the county was given, and their connection with the district

from which the title was taken was generally confined to this

comparatively small endowment, the rest of their provision being

furnished by pensions on the Exchequer" (_Const. Hist._, i. 324, 362).

"Stephen also would have a court of great earls, but in trying to make

himself friends he raised up persistent enemies. He raised new men to

new earldoms, but as he had no spare domains to bestow, he endowed them

with pensions charged on the Exchequer ... the new and unsubstantial

earldoms provoked the real earls to further hostility; and the newly

created lords demanded of the king new privileges as the reward and

security for their continued services" (_Early Plants._, p. 19).[801]

Now, these "pensions on the Exchequer" must, I fear, be dismissed at

once as having an existence only in a misapprehension of the writer.

Indeed, if the Exchequer machinery had broken down, as he holds, it is

difficult to see of what value these pensions would be. But in any case,

it is absolutely certain that such grants as were made were alienations

of lands and rents, and not "pensions" at all.[802] The passages bearing

on these grants are as follows. Robert de Torigny (_alias_ "De Monte")

states that Stephen "omnia pene ad fiscum pertinentia minus caute

distribuerat," and that Henry, on his accession, "cœpit revocare

in jus proprium urbes, castella, villas, quæ ad coronam regni

pertinebant."[803] William of Newburgh writes:—

"Considerans autem Rex [Henricus] quod regii redditus breves essent,

qui avito tempore uberes fuerant, eo quod regia dominica per mollitiem

regis Stephani ad alia multosque dominos majori ex parte migrassent,

præcepit ea cum omni integritate a quibuscunque detentioribus

resignari, et in jus statumque pristinum revocari."

In the vigorous words of William of Malmesbury:—

"Multi siquidem ... a rege, hi prædia, hi castella, postremo quæcumque

semel collibuisset, petere non verebantur; ... Denique multos etiam

comites, qui ante non fuerant, instituit, applicitis possessionibus et

redditibus quæ proprio jure regi competebant."

It is on this last passage that Dr. Stubbs specially relies; but a

careful comparison of this with the two preceding extracts will show

that in none of them are "pensions" spoken of. The grants, as indeed

charters prove, always consisted of actual estates.

The next point is that these alienations were, for the most part, made

in favour not of "fiscal earls," but, on the contrary, in favour of

those who were not created earls.[804] There is reason to believe, from

such evidence as we have, that, in this matter, the Empress was a worse

offender than the king, while their immaculate successor, as his

Pipe-Rolls show, was perhaps the worst of the three. It is, at any rate,

a remarkable fact that the only known charter by which Stephen creates

an earldom—being that to Geoffrey de Mandeville (1140)—does not grant a

pennyworth of land, while the largest grantee of lands known to us,

namely, William d'Ypres, was never created an earl.[805] Then, again, as

to "the third penny." It is not even mentioned in the above

creation-charter, and there is no evidence that "the third penny of the

county was given" to all Stephen's earls; indeed, as I have elsewhere

shown, it was probably limited to a few (see Appendix H).

The fact is that the whole view is based on the radically false

assumption of the "poverty" of Stephen's earls. The idea that his earls

were taken from the ranks is a most extraordinary delusion. They

belonged, in the main, to that class of magnates from whom, both before

and after his time, the earls were usually drawn. Dr. Stubbs's own words

are in themselves destructive of his view:—

"Stephen made Hugh Bigod Earl of Norfolk, Aubrey de Vere Earl of

Oxford, Geoffrey de Mandeville Earl of Essex, Richard de Clare Earl of

Hertford, William of Aumâle Earl of Yorkshire, Gilbert de Clare Earl of

Pembroke, Robert de Ferrers Earl of Derby, and Hugh de Beaumont Earl of

Bedford."[806]

Were such nobles as these "new men"? Had _their_ "poverty" to be

"relieved"? Why, their very names are enough; they are those of the

noblest and wealthiest houses in the baronage of Stephen's realm. Even

the last, Hugh de Beaumont, though not the head of his house, had two

elder brothers earls at the time, nor was it proposed to create him an

earl till, by possession of the Beauchamp fief, he should be qualified

to take his place among the great landowners of the day.

Having thus, I hope, completely disposed of this strange delusion, and

shown that Stephen selected his earls from the same class as other

kings, I now approach the alleged deposition of the earls created by the

Empress and himself, on the accession of Henry II.

I would venture, on the strength of special research, to make several

alterations in the lists given by Dr. Stubbs.[807]

The earldoms he assigns to Stephen are these:—

NORFOLK. Hugh Bigod (before 1153).

OXFORD. Aubrey de Vere (_questionable_).

ESSEX. Geoffrey de Mandeville (before 1143).

HERTFORD. Richard de Clare (uncertain).

YORKSHIRE. William of Aumâle (1138).

PEMBROKE. Gilbert de Clare (1138).

DERBY. Robert de Ferrers (1138).

BEDFORD. Hugh de Beaumont.

KENT. William of Ypres (_questionable_).

From these we must at once deduct the two admitted to be "questionable:"

William of Ypres, because I am enabled to state absolutely, from my own

knowledge of charters, that he never received an English earldom,[808]

and Aubrey de Vere, because there is no evidence whatever that Stephen

created him an earl. On the other hand, we must add the earldoms of

Arundel (or Chichester or Sussex) and of Lincoln.[809] When thus

corrected, the list will run:—

DERBY. Robert de Ferrers (1138).

YORKSHIRE. William of Aumâle (1138).

PEMBROKE. Gilbert de Clare (1138).

ESSEX. Geoffrey de Mandeville (1140).

LINCOLN. William de Roumare (? 1139-1140).

NORFOLK. Hugh Bigod (before February, 1141).

ARUNDEL. William de Albini (before Christmas, 1141).

HERTFORD. Gilbert de Clare[810] (before Christmas, 1141).

BEDFORD. Hugh de Beaumont (? 1138).

A glance at this list will show how familiar are these titles to our

ears, and how powerful were the houses on which they were bestowed. With

the exception of the last, which had a transitory existence, the names

of these great earldoms became household words.

Turning now to the earldoms of the Empress, and confining ourselves to

new creations, we obtain the following list:—

CORNWALL. Reginald fitz Roy (? 1141).

DEVON. Baldwin de Redvers (before June, 1141).

DORSET (or SOMERSET). William de Mohun (before June, 1141).

HEREFORD. Miles of Gloucester (July, 1141).

OXFORD. Aubrey de Vere (1142).

WILTSHIRE ("SALISBURY"). Patrick of Salisbury (in or before 1149).[811]

This varies from Dr. Stubbs's list in omitting ESSEX (Geoffrey de

Mandeville) as only a confirmation, and adding DEVON (Baldwin de

Redvers), an earldom which is always, but erroneously, stated to have

been conferred upon Baldwin's father _temp._ Henry I.[812] Of these

creations, Hereford is the one of which the facts are best ascertained,

while Dorset or Somerset is that of which least is known.[813]

The merest glance at these two lists is sufficient to show that the

titles conferred by the rival competitors for the crown were chosen from

those portions of the realm in which their strength respectively lay.

Nor do they seem to have encroached upon the sphere of one another by

assigning to the same county rival earls. This is an important fact to

note, and it leads us to this further observation, that, contrary to the

view advanced by Dr. Stubbs, the earls created in this reign took their

title, wherever possible, from the counties in which lay their chief

territorial strength. Of the earldoms existing at the death of Henry

(Chester, Leicester, Warwick, Gloucester, Surrey, [Northampton?],

Huntingdon, and Buckingham[814]), Surrey was the one glaring exception

to this important rule. Under Stephen and Matilda, in these two lists,

we have fifteen new earls, of whom almost all take their titles in

accordance with this same rule. Hugh Bigod, Robert de Ferrers, William

of Aumâle, Geoffrey de Mandeville, William de Albini, William de

Roumare, William de Mohun, Baldwin de Redvers, Patrick of Salisbury, are

all instances in point. The only exceptions suggest the conclusion that

where a newly created earl could not take for his title the county in

which his chief possessions lay, he chose the nearest county remaining

vacant at the time. Thus the head of the house of Clare must have taken

Hertford for his title, because Essex had already been given to

Geoffrey, while Suffolk was included in the earldom of Hugh, as "Earl of

the East Angles." So, too, Miles of Gloucester must have selected

Hereford, because Gloucester was already the title of his lord. Aubrey

de Vere, coming, as he did, among the later of these creations, could

not obtain Essex, in which lay his chief seat, but sought for Cambridge,

in which county he held an extensive fief. But here, too, he had been

forestalled. He had, therefore, to go further afield, receiving his

choice of the counties of Oxford, Berks, Wilts, or Dorset. And of these

he chose the nearest, Oxford to wit. Here then we have, I think, a

definite principle at work, which has never, so far as I know, been

enunciated before.

It may have been observed that I assume throughout that each earl is the

earl of a county. It would not be possible here to discuss this point in

detail, so I will merely give it as my own conviction that while comital

rank was at this period so far a personal dignity that men spoke of Earl

Hugh, Earl Gilbert, or Earl Geoffrey, yet that an earl without a county

was a conception that had not yet entered into the minds of men.[815] In

this, of course, we have a relic of the earl's _official_ character. To

me, therefore, the struggles of antiquaries to solve puzzles of their

own creation as to the correct names of earldoms are but waste of paper

and ink, and occasionally, even, of brain-power. "Earl William" might be

spoken of by that style only, or he might be further distinguished by

adding "of Arundel," "of Chichester," or "of Sussex." But his earldom

was not affected or altered by any such distinctive addition to his

style. A firm grasp of the broad principle which I have set forth above

should avoid any possibility of trouble or doubt on the question.

But, keeping close to the "fiscal earls," let us now see whether, as

alleged, they were deposed by Henry II., and, if so, to what extent.

According to Dr. Stubbs, "amongst the terms of pacification which were

intended to bind both Stephen and Henry ... the new earldoms [were] to

be extinguished."[816] Consequently, on his accession as king, "Henry

was bound to annul the titular creations of Stephen, and it was by no

means certain within what limits the promise would be construed."[817]

But I cannot find in any account of the said terms of pacification any

allusion whatever to the supposed "fiscal earls." Nor indeed does Dr.

Stubbs himself, in his careful analysis of these terms,[818] include

anything of the kind. The statement is therefore, I presume, a

retrospective induction.

The fact from which must have been inferred the existence of the above

promise is that "cashiering of the supposititious earls" which rests, so

far as I can see, on the statement of a single chronicler.[819] Yet that

statement, for what it is worth, is sufficiently precise to warrant Dr.

Stubbs in saying that "to abolish the 'fiscal' earldoms" was among the

first of Henry's reforms.[820] The actual words of our great historian

should, in justice, be here quoted:—

"Another measure which must have been taken at the coronation [December

19, 1154], when all the recognized earls did their homage and paid

their ceremonial services, seems to have been the degrading or

cashiering of the supposititious earls created by Stephen and Matilda.

Some of these may have obtained recognition by getting new grants; but

those who lost endowment and dignity at once, like William of Ypres,

the leader of the Flemish mercenaries, could make no terms. They sank

to the rank from which they had been so incautiously raised" (_Early

Plantagenets_, pp. 41, 42).

"We have no record of actual displacement; some, at least, of the

fiscal earls retained their dignity: the earldoms of Bedford, Somerset,

York, and perhaps a few others, drop out of the list; those of Essex

and Wilts remain. Some had already made their peace with the king;

some, like Aubrey de Vere, obtained a new charter for their dignity:

this part of the social reconstruction was despatched without much

complaint or difficulty" (_Const. Hist._, i. 451).

Before examining these statements, I must deal with the assertion that

William of Ypres was a fiscal earl who "lost endowment and dignity at

once." That he ever obtained an English earldom I have already ventured

to deny; that he lost his "endowment" at Henry's accession I shall now

proceed to disprove. It is a further illustration of the danger

attendant on a blind following of the chroniclers that the expulsion of

the Flemings, and the fall of their leader, are events which are always

confidently assigned to the earliest days of Henry's reign.[821] For

though Stephen died in October, 1154, it can be absolutely proved by

record evidence that William of Ypres continued to enjoy his rich

"endowment" down to Easter, 1157.[822] Stephen had, indeed, provided

well for his great and faithful follower, quartering him on the county

of Kent, where he held ancient demesne of the Crown to the annual value

of £261 "blanch," _plus_ £178 8_s._ 7_d._ "numero" of Crown escheats

formerly belonging to the Bishop of Bayeux. Such a provision was

enormous for the time at which it was made.

Returning now to the "cashiering" of the earls, it will be noticed that

Dr. Stubbs has great difficulty in producing instances in point, and can

find nothing answering to any general measure of the kind. But I am

prepared to take firm ground, and boldly to deny that a single man, who

enjoyed comital rank at the death of Stephen, can be shown to have lost

that rank under Henry II.

Rash though it may seem thus to impugn the conclusions of Dr. Stubbs _in

toto_, the facts are inexorably clear. Indeed, the weakness of his

position is manifest when he seeks evidence for its support from a

passage in the _Polycraticus_:—

"The following passage of the _Polycraticus_ probably refers to the

transient character of the new dignities, although some of the persons

mentioned in it were not of Stephen's promoting: "Ubi sunt, ut de

domesticis loquar, Gaufridus, Milo, Ranulfus, Alanus, Simon,

Gillibertus, non tam comites regni quam hostes publici? Ubi Willelmus

Sarisberiensis?" (_Const. Hist._, i. 451 note).

For this passage has nothing to do with "the transient character of the

new dignities": it alludes to a totally different subject, the _death_

of certain magnates, and is written in the spirit of Henry of

Huntingdon's _De Contemptu Mundi_.[823] The magnates referred to are

Geoffrey, Earl of Essex (d. 1144); Miles, Earl of Hereford (d. 1143);

Randulf, Earl of Chester (d. 1153); Count Alan of Richmond (d. 1146?);

Simon, Earl of Northampton (d. 1153); and Gilbert, Earl of Pembroke (d.

1148).[824] Their names alone are sufficient to show that the passage

has been misunderstood, for no one could suggest that the Earl of

Chester or Earl Simon, Waltheof's heir, enjoyed "new dignities," or that

their earldoms proved of a "transient character."[825]

Of the three cases of actual displacement tentatively selected by Dr.

Stubbs, Bedford may be at once rejected; for Hugh de Beaumont had lost

the dignity (so far as he ever possessed it[826]), together with the

fief itself, in 1141.[827] York requires separate treatment: William of

Aumâle sometimes, but rarely, styled himself, under Stephen, Earl of

York; he did not, however, under Henry II., lose his comital rank,[828]

and that is sufficient for my purpose. The earldom of Dorset (or

Somerset) is again a special case. Its existence is based—(1) on "Earl

William de Mohun" appearing as a witness in June, 1141; (2) on the

statement in the _Gesta_ that he was made Earl of Dorset in 1141; (3) on

his founding Bruton Priory, as "William de Mohun, Earl of Somerset," in

1142. The terms of the charter to Earl Aubrey may imply a doubt as to

the _status_ of this earldom, even in 1142, but, in any case, it does

not subsequently occur, so far as is at present known, and there is

nothing to connect the disappearance of the title with the accession of

Henry II.[829]

Such slight evidence as we have on the dealings of Henry with the earls

is opposed to the view that anything was done, as suggested, "at the

coronation" (December 19, 1154). It was not, we have seen, till January,

1156, that charters were granted dealing with the earldoms of Essex and

of Oxford. And it can only have been when some time had elapsed since

the coronation that Hugh Bigod obtained a charter creating him anew Earl

of Norfolk.[830]

To sum up the result of this inquiry, we have now seen that no such

beings as "fiscal" earls ever existed. No chronicler mentions the name,

and their existence is based on nothing but a false assumption. Stephen

did not "incautiously" confer on men in a state of "poverty" the dignity

of earl; he did not make provision for them by Exchequer pensions; no

promise was made, in the terms between Henry and himself, to degrade or

cashier any such earls; and no proof exists that any were so cashiered

when Henry came to the throne. Indeed, we may go further and say that

Stephen's earldoms all continued, and that their alleged abolition, as a

general measure, has been here absolutely disproved.

[799] So also Gneist: "Under Stephen, new comites appear to be created

in great numbers, and with extended powers; but these pseudo-earls were

deposed under Henry II." (_Const. Hist._, i. 140, _note_).

[800] Stubbs, _Const. Hist._, i. 362. Hence the name of "fiscal earls,"

invented, I believe, by Dr. Stubbs. See also Addenda.

[801] See also _Select Charters_, p. 20.

[802] The error arises from a not unnatural, but mistaken, rendering of

the Latin. The term "fiscus" was used at the time in the sense of Crown

demesne. Thus Stephen claimed the treasures of Roger of Salisbury "quia

eas tempore regis Henrici, avunculi et antecessoris sui, _ex fisci regii

redditibus_ Rogerius episcopus collegisset" (_Will. Malms._). So, too,

in the same reign, the Earl of Chester is suspected of treason, "quia

_regalium fiscorum redditus_ et castella, quæ violentur possederat

reddere negligebat" (_Gesta_). This latter passage has been

misunderstood, Miss Norgate, for instance, rendering it: "to pay his

dues to the royal treasury." It means that the earl refused to surrender

the Crown castles and estates which he had seized. Again, speaking of

the accession of Henry of Essex's fief to the Crown demesne, William of

Newburgh writes: "amplissimo autem patrimonio ejus _fiscum_ auxit."

[803] Anno 1155. Under the year 1171 he records a searching

investigation by Henry into the alienated demesnes in Normandy.

[804] The erroneous view is also found in a valuable essay on "The Crown

Lands," by Mr. S. R. Bird, who writes: "It is true that extensive

alienations of those lands [the demesne lands of the Crown] took place

during the turbulent reign of Stephen, in order to enable that monarch

to endow the new earldoms" (_Antiquary_, xiii. 160).

[805] The king's "second charter" to Geoffrey de Mandeville is not in

point, for it was unconnected with his creation as earl, and was

necessitated by the grants of the Empress.

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

[807] "As Stephen's earldoms are a matter of great constitutional

importance, it is as well to give the dates and authorities" (_Ibid._,

i. 362).

[808] There is a curious allusion to him in John of Salisbury's letters

(ed. Giles, i. 174, 175) as "famosissimus ille tyrannus et ecclesiæ

nostræ gravissimus persecutor, Willelmus de Ypra" (cf. pp. 129, 206

_n._, 213 _n._, 275 _n._).

[809] A shadowy earldom of Cambridge, known to us only from an

Inspeximus _temp._ Edward III., and a doubtful earldom of Worcestershire

bestowed on the Count of Meulan, need not be considered here.

[810] Son of Richard de Clare, who, in Dr. Stubbs's list and elsewhere,

is erroneously supposed to have been the first earl.

[811] The earliest mention of Patrick, as an earl, that I have yet found

is in the Devizes charter of Henry (1149).

[812] In an interesting charter (transcribed in _Lansdowne MS._, 229,

fol. 116_b_) of this Earl Baldwin as "Comes Exonie," granted at

Carisbrooke, he speaks, "Ricardi de Redvers patris mei."

[813] I have shown (p. 95 _n._) that William de Mohun was already an

earl in June, 1141, though the _Gesta_ assigns his creation to the siege

of Winchester, later in the year.

[814] Buckingham is a most difficult and obscure title, and is only

inserted here _cavendi causa_. Northampton, also, and Huntingdon are

most troublesome titles, owing to the double set of earls with their

conflicting claims, and the doubt as to their correct title.

[815] This view is not affected by the fact that two or even more

counties (as in the case of Waltheof's earldom) might be, officially,

linked together, for where this arrangement had lingered on, the group

might (or might not) be treated as one county, as regarded the earl.

Warwick and Leicester are an instance one way; Norfolk and Suffolk the

other.

[816] _Select Charters_, pp. 20, 21. Cf. _Early Plants._, p. 37: "All

property alienated from the Crown was to be resumed, especially the

pensions on the Exchequer with which Stephen endowed his newly created

earls."

[817] _Const. Hist._, i. 451.

[818] _Ibid._, i. 333, 334.

[819] Robert de Monte.

[820] _Select Charters_, p. 21.

[821] The chroniclers are positive on the point. At the opening of 1155,

writes Gervase (i. 161), "Guillelmus de Ypre et omnes fere Flandrenses

qui in Angliam confluxerant, indignationem et magnanimitatem novi regis

metuentes, ab Anglia recesserunt." So, too, Fitz Stephen asserts that

"infra tres primos menses coronationis regis Willelmus de Ypra violentus

incubator Cantiæ cum lachrymis emigravit."

[822] Pipe-Rolls, 2 and 3 Hen. II. (published 1844).

[823] Compare also the moralizing of Ordericus on the death of William

fitz Osbern (1071): "Ubi est Guillelmus Osberni filius, Herfordensis

comes et Regis vicarius," etc.

[824] This is the date given for his death in the _Tintern Chronicle_

(_Monasticon_, O.E., i. 725).

[825] "William of Salisbury" was a deceased magnate, but is mentioned by

himself in the above passage because he was not an earl. As he is

overlooked by genealogists, it may be well to explain who he was. He

fought for the Empress at the siege of Winchester, where he was taken

prisoner by the Earl of Hertford (_Will. Malms._, ed. Stubbs, ii. 587).

He was also the "Willelmus ... civitatis Saresbiriæ præceptor ... et

municeps" (_Gesta_, ed. Howlett, p. 96), who took part in the attack on

Wilton nunnery in 1143, and "lento tandem cruciatu tortus interiit."

This brings us to a document in the register of St. Osmund (i. 237), in

which "Walterus, Edwardi vicecomitis filius, et Sibilla uxor mea et

heres noster Comes Patricius" make a grant to the church of Salisbury

"nominatim pro anima Willelmi filii nostri fratris comitis Patricii in

restauramentum dampnorum quæ prænominatus filius noster Willelmus Sarum

ecclesie fecerit." The paternity of William is thus established.

[826] I have never found him attesting any charter as an earl, though

this does not, of course, prove that he never did so.

[827] _Gesta_ (ed. Howlett), pp. 32, 73.

[828] Aumâle ("Albemarle") is notoriously a difficult title, as one of

those of which the bearer enjoyed comital rank, though whether as a

Norman count or as an English earl, it is, at first, difficult to

decide. Eventually, of course, the dignity became an English earldom.

[829] Nor was it an earldom of Stephen's creation.

[830] It was granted at Northampton. Its date is of importance as

proving that the charter to the Earl of Arundel, being attested by Hugh

as earl, must be of later date. Mr. Eyton, however, oddly enough,

reverses the order of the two (_Itinerary of Henry II._, pp. 2, 3). He

was thus misled by an error in the witnesses to the Earl of Arundel's

charter, which Foss had acutely detected and explained long before.

APPENDIX E.

THE ARRIVAL OF THE EMPRESS.

(See p. 55.)

The true date of this event is involved in considerable obscurity. The

two most detailed versions are those of William of Malmesbury and of the

Continuator of Florence of Worcester. The former states precisely that

the Ecclesiastical Council lasted from August 29 to September 1 (1139),

and that the Empress landed, at Arundel, on September 30; the latter

gives no date for the council, but asserts that the Empress landed, at

Portsmouth, before August 1—that is, two months earlier. These grave

discrepancies have been carefully discussed by Mr. Howlett,[831] though

he fails to note that the Continuator is thoroughly consistent in his

narrative, for he subsequently makes the Empress remove from Bristol,

after spending "more than two months" there, to Gloucester in the middle

of October. He is, however, almost certainly wrong in placing the

landing at Portsmouth,[832] and no less mistaken in placing it so early

in the year. The "in autumno" of Ordericus clearly favours William

rather than the Continuator.

Mr. Howlett, in his detailed investigation of this "exceedingly complex

chronological difficulty," endeavours to exalt the value of the _Gesta_

by laying peculiar stress on its mention of Baldwin de Bedvers' landing,

as suggestive of a fresh conjecture. Urging that "Baldwin's was in very

truth the main army of invasion," he advances the

"theory that the expedition came in two sections, for the _Gesta

Stephani_ say that Baldwin de Bedvers arrived 'forti militum catervâ,'

as no doubt he did, for it was only his presence in force that could

render the coming of Maud and her brother with twenty or thirty

retainers anything else than an act of madness."

Here we see the danger of catching at a phrase. For if the _Gesta_ says

that Baldwin landed "forti militum catervâ" (p. 53), it also asserts

that the Empress came "cum robustâ militum manu" (p. 55)—a phrase which

Mr. Howlett ignores—while it speaks of her son, in later years, arriving

"cum florida militum catervâ," when, according to Mr. Howlett, "his

following was small" (p. xvii.), and when, indeed, the _Gesta_ itself

(p. 129) explains that this "florida militum catervâ" was in truth

"militum globum exiguum." But this is not all. Mr. Howlett speaks, we

have seen, of "twenty or thirty retainers," and asserts that "Malmesbury

and Robert of Torigny agree that he [Earl Robert] had but a handful of

men—twenty, or even twelve as the former has it" (p. xxiv.). It is

difficult to see how he came to do so, for William of Malmesbury

distinctly states that he brought with him, not twelve, but a hundred

and forty knights,[833] and, in his recapitulation of the earl's

conduct, repeats the same number. Now, if the _Gesta_ admits that the

little band of knights who accompanied, in later years, the young Henry

to England, was swollen by rumour to many thousands,[834] surely it is

easy to understand how the hundred and forty knights, who accompanied

the earl to England, were swollen by rumour (when it reached the

Continuator of Florence of Worcester) to a "grandis exercitus,"—without

resorting to Mr. Howlett's far-fetched explanation that the Continuator

confused the two landings and imagined that the Empress had arrived with

Baldwin, who "landed at Wareham ... about August 1." But if he was so

ill informed, what is the value of his evidence? And indeed, his

statement that she landed "at Portsmouth" (not, be it observed, at

Wareham, nor with Baldwin) places him out of court, for it is accepted

by no one. Mr. Howlett offers the desperate explanation, which he terms

"no strained conjecture," that "Earl Robert went on by sea to

Portsmouth," a guess for which there is no basis or, indeed,

probability, and which, even if admitted, would be no explanation; for

the Continuator takes the Empress and her brother to Portsmouth first

and to Arundel afterwards.

The real point to strike one in the matter is that the Empress should

have landed in Sussex when her friends were awaiting her in the west—for

Mr. Howlett fails to realize that she trusted to them and not to an

"army" of her own.[835] The most probable explanation, doubtless, is

that she hoped to evade Stephen, while he was carefully guarding the

roads leading from the south-western coast to Gloucester and Bristol.

Robert of Torigny distinctly implies that Stephen had effectually closed

the other ports ("Appulerunt itaque apud Harundel, quia tunc alium

portum non habebant").

In any case Mr. Howlett's endeavour to harmonize the two conflicting

dates—the end of July and the end of September—by suggesting as a

compromise the end of August, cannot be pronounced a success.[836]

It may afford, perhaps, some fresh light if we trace the king's

movements after the arrival of the Empress.

Though the narratives of the chroniclers for the period between the

landing of the Empress and the close of 1139 are at first sight

difficult to reconcile, and, in any case, hard to understand, it is

possible to unravel the sequence of events by a careful collation of

their respective versions, aided by study of the topography and of other

relative considerations.

On the landing of the Empress, the Earl of Gloucester, leaving her at

Arundel, proceeded to Bristol (_Will. Malms._, p. 725). Stephen, who,

says Florence's Continuator (p. 117), was then besieging Marlborough,

endeavoured to intercept him (_Gesta_, p. 56), but, failing in this,

returned to besiege the Empress at Arundel (_ibid._; _Cont. Flor. Wig._,

p. 117; _Gervase_, i. 110). Desisting, however, from this siege, he

allowed her to set out for Bristol.[837] Meanwhile, her brother, on his

way to Bristol, had held a meeting with Brian fitz Count (_Will.

Malms._, p. 725), and had evidently arranged with him a concerted plan

of action (it must be remembered that they intended immediate revolt,

for they had promised the Empress possession of her realm within a few

months[838]). Brian had, accordingly, returned to Wallingford, and

declared at once for the Empress (_Gesta_, p. 58). Stephen now marched

against him, but either by the advice of his followers (_ibid._) or from

impatience at the tedium of the siege,[839] again abandoned his

undertaking, and leaving a detachment to blockade Brian (_Cont. Flor.

Wig._, p. 118), marched west, himself, to strike at the centre of the

revolt. He first attacked and captured Cerney (near Cirencester), a

small fortress of Miles of Gloucester (_Gesta_, p. 59; _Will. Malms._,

p. 726), and was then called south to Malmesbury by the news that Robert

fitz Hubert had surprised it (on the 7th of October) and expelled his

garrison (_Will. Malms._, p. 726; _Cont. Flor. Wig._, p. 119; _Gesta_,

p. 59). Recovering the castle, within a fortnight of its capture (_Will.

Malms._, p. 726), after besieging it eight days (_Cont. Flor. Wig._, p.

125), he was then decoyed still further south by the news that Humphrey

de Bohun, at the instigation of Miles, had garrisoned Trowbridge against

him. Here, however, he was not so fortunate (_Will. Malms._, p. 726;

_Gesta_, p. 59). In the meanwhile Miles of Gloucester, with the instinct

of a born warrior, had seized the opportunity thus afforded him, and,

striking out boldly from his stronghold at Gloucester, marched to the

relief of Brian fitz Count. Bursting by night on the blockading force,

he scattered them in all directions, and returned in triumph to

Gloucester (_Gesta_, p. 60). It was probably the tidings of this

disaster (though the fact is not so stated) that induced Stephen to

abandon his unsuccessful siege of Trowbridge, and retrace his steps to

the Thames valley (_ibid._, pp. 61, 62). This must have been early in

November.[840]

Seizing his chance, the active Miles again sallied forth from

Gloucester, but this time toward the north, and, on the 7th of November,

sacked and burnt Worcester (_Cont. Flor. Wig._, pp. 118-120). About the

same time he made himself master of Hereford and its county for the

Empress (_Will. Malms._, p. 727; _Gesta_, p. 61). Stephen was probably

in the Thames valley when he received news of this fresh disaster, which

led him once more to march west. Advancing from Oxford, he entered

Worcester, and beheld the traces of the enemy's attack (_Cont. Flor.

Wig._, p. 121). After a stay there of a few days, he heard that the

enemy had seized Hereford and were besieging his garrison in the castle

(_ibid._).[841] He therefore advanced to Leominster by way of Little

Hereford,[842] but Advent Sunday (December 3) having brought about a

cessation of hostilities, he retraced his steps to Worcester (_ibid._).

Thence, after another brief stay, he marched back to Oxford, probably

making for Wallingford and London. Evidently, however, on reaching

Oxford, he received news of the death of Roger, Bishop of

Salisbury.[843] It was probably this which led him to keep his Christmas

at Salisbury. Thither, therefore, he proceeded from Oxford, returning at

the close of the year to Reading (_ibid._).

The question, then, it will be seen, is this. Assuming, as we must do,

that William of Malmesbury is right in the date he assigns to Stephen's

visit to Malmesbury and recovery of Malmesbury Castle, is it consistent

with the date he assigns to the landing of the Empress and her brother?

That is to say, is it possible that the events which, we have seen, must

have occurred between the above landing and Stephen's visit to

Malmesbury can have been all comprised within the space of a fortnight?

This is a matter of opinion on which I do not pronounce.

[831] Introduction to _Gesta Stephani_, pp. xxi.-xxv.

[832] The _Gesta_ and Robert "De Monte" concur with William that it was

at Arundel.

[833] "Centum et quadraginta milites tunc secum adduxit."

[834] "Ut fama adventus ejus se latius, sicut solet, diffunderet, multa

scilicet millia secum adduxisse ... postquam certum fuit ... militum eum

globum exiguum, non autem exercitum adduxisse" (p. 130).

[835] William of Malmesbury, who was well informed, lays stress on this,

describing the earl as "fretus pietate Dei et fide legitimi sacramenti;

ceterum multo minore armorum apparatu quam quis alius tam periculosum

bellum aggredi temptaret ... in sancti spiritus et dominæ sanctæ Mariæ

patrocinio totus pendulus erat."

[836] Mr. Freeman (_Norm. Conq._, v. 291) takes the place of landing

(Portsmouth) from the one account, and the date (September 30) from the

other, without saying so. I notice this because it is characteristic.

Thus Mr. James Parker (_Early History of Oxford_, p. 191) observes of

Mr. Freeman's account of the Conqueror's advance on London: "Though by

leaving out here and there the discrepancies, the residue may be worked

up into a consecutive and consistent series of events, such a process

amounts to making history, not writing it. Amidst a mass of

contradictory evidence it is impossible to arrive at any sure

conclusion.... It is, however, comparatively easy to piece together such

details as will fit out of the various stories; and more easy still to

discover reasons for the results which such mosaic work produces."

[837] See p. 55.

[838] _Cont. Flor. Wig._, p. 115.

[839] "Obsidionis diutinæ pertæsus" (_ibid._, p. 118).

[840] It is an instance of the extraordinary confusion, at this point,

in the chroniclers that the author of the _Gesta_ makes him go from

Trowbridge to London, and thence to Ely, omitting all the intervening

events, which will be found set forth above.

[841] "Fama volante regiæ majestati nunciatur inimicos suos, juratæ

quidem pacis violatores Herefordiam invasisse, monasterium S. Æthelberti

regis et martyris, velut in castellinum munimen penetrasse." It seems

absolutely certain, especially if we add the testimony of the other

MSS., that this passage refers to the attack on the royal garrison in

the castle so graphically described by the author of the _Gesta_, but

(apparently) placed by him among the events of the summer of the

following year. As, however, his narrative breaks off just at this

point, his sequence of events is left uncertain, and in any case the

chronology of the local chronicler, who here writes as an eyewitness,

must be preferred to his.

[842] This passage (p. 121) should be compared with that on pp. 123, 124

("Rex et comes ... Oxenefordiam"), which looks extremely like a

repetition of it (as the passage on pp. 110, 111 is an anticipation of

that on pp. 116, 117).

[843] Assigned to December 11 by William of Malmesbury (p. 727), and to

December 4 by the Continuator (p. 113). The above facts are rather in

favour of the former of the two dates.

APPENDIX F.

THE DEFECTION OF MILES OF GLOUCESTER.

(See p. 55.)

Miss Norgate assigns this event to the early summer of the year

1138,[844] on the authority of Gervase of Canterbury (i. 104). The

statement of that writer is clear enough, but it is also clear that he

made it on the authority of the Continuator of Florence. Now, the

Continuator muddled in inextricable confusion the events of 1138 and

1139. In this he was duly followed by Gervase, who gives us, under 1138,

first the arrest of the bishops at Oxford (June, 1139), then the

_diffidatio_ of the Earl of Gloucester, next the revolt of 1138 and the

defection of Miles, next the invitation to the Empress (1139), followed

by the Battle of the Standard (1138), and lastly the death of the Bishop

of Salisbury (December, 1139). This can be clearly traced to the

Continuator,[845] and conclusive evidence, if required, is afforded by

the fact that Gervase, like the Continuator, travels again over the same

ground under 1139. Thus the defection of Miles is told twice over, as

will be seen from these parallel extracts:—

CONT. FLOR. WIG.

(1138.)

"Interim facta conjuratione adversus regem per predictum Brycstowensem

comitem et conestabularium Milonem, abnegata fidelitate quam illi

juraverant, missis nuntiis ad Andegavensem civitatem accersunt

ex-imperatricem," etc., etc.

(1139.)

"Milo constabularius, regiæ majestati redditis fidei sacramentis, ad

dominum suum, comitem Gloucestrensem, cum grandi manu militum se

contulit, illi spondens in fide auxilium contra regem exhibiturum."

GERV. CANT.

(1138.)

"Qui [Comes Glaornensis] ... fidei et sacramentis quibus regi tenebatur

renuntiavit.... Milo quoque princeps militiæ regis avertit se a

rege, ... Interea conjuratio in regem facta per comitem Glaornensem et

Milonem summum regis constabularium invaluit, nam missis nuntiis ...

asciverunt ex-imperatricem," etc., etc.

(1139.)

"Milo regis constabularius multique procerum cum multa militum manu ab

obsequio regis recesserunt, et pristinis fidei sacramentis innovatis ad

partem imperatricis tuendam conversi sunt."

It is obvious from these extracts that the Continuator tells the tale of

the constable's _diffidatio_ and defection twice over; it is further

obvious, from his own evidence, that the second of the two dates (1139)

is the right one, for he tells us that so late as February, 1139,

Stephen gave Gloucester Abbey to Gilbert Foliot "petente constabulario

suo Milone."[846] When we find that this event is assigned by the author

of the _Gesta_ to 1139, that the constableship of Miles was not

transferred to William de Beauchamp till the latter part of 1139, and

that Miles is not mentioned among the rebels in 1138 (though his

importance would preclude his omission), nor is any attack on Gloucester

assigned to Stephen in that year, we may safely decide that the

defection of Miles did not take place till the arrival of the Empress in

1139.

Since writing the above I have noted the presence of Miles of Gloucester

among the followers of Stephen at the siege of Shrewsbury (August,

1138).[847] This is absolutely conclusive, proving as it does that Miles

was still on the king's side in the revolt of 1138.

[844] _England under the Angevin Kings_, i. 295.

[845] Ed. Eng. Hist. Soc., ii. 107-113.

[846] ii. 114. Miss Norgate, having accepted the date of 1138 for the

defection of Miles, finds it difficult to explain this passage. She

writes (i. 494): "Stephen's consent to his appointment can hardly have

been prompted by favour to Miles, who had openly defied the king a year

ago."

[847] Charter dated in third year of Stephen, "Apud Salopesbiriam in

obsidione" (Nero, C. iii. fol. 177).

APPENDIX G.

CHARTER OF THE EMPRESS TO ROGER DE VALOINES.

(See p. 87.)

Geoffrey de Mandeville: A study of the Anarchy · 第 10 / 14 章