[945] "Collectanea quædam eorum quæ ad Historiam illustrandam conducunt

selecta ex Registro MSS. sive breviario Monasterii sancti Johannis

Baptistæ Colecestriæ collecto (_sic_) a Joh. Hadlege spectante Johanni

Lucas armigero. Anno Domini, 1633" (_Harl. MS._, 312, fol. 92). This

charter (which, being in MS., was unknown, of course, to Prof. Freeman)

has also an incidental value for its evidence on the Clare pedigree,

Gilbert, Robert, and Richard, the witnesses, being all grandsons of

Count Gilbert, the progenitor of the house. Among the documents in the

_Monasticon_ relating to Bec, we find mention of "Emmæ uxoris Baldewini

filii Comitis Gilberti et filiorum ejus Roberti et Ricardi," which

singularly confirms the accuracy of this charter and its list of

witnesses. This is worth noting, because the charter is curious in form,

and has been described as having "a suspicious ring." It is also found

in (Morant's) transcript of the Colchester cartulary (_Stowe MSS._).

[946] _Cart._, 1 John, m. 6.

[947] _Mon. Ang._ (1661), ii. 66 _b_.

[948] _Cart._, 1 John, m. 6 (printed in Appendix 5 to _Lords' Reports on

Dignity of a Peer_, pp. 4, 5).

[949] Ed. Howlett, p. 184.

[950] "In operibus Turris de Gloec' vii _li._ vi _s._ ii _d._"

(Pipe-Roll, 2 Hen. II., p. 78).

[951] Henry I. gave land to the abbey (1109) "in escambium pro placia

ubi nunc turris stat Gloecestrie" (i. 59).

[952] _Mediæval Military Architecture_, i. 108.

[953] _Ibid._, i. 79.

[954] _Ibid._, i. 29 (cf. "Mota de Hereford"—_Rot. Pip._, 15 Hen. II.,

p. 140).

[955] _Rotuli scaccarii Normanniæ_ (ed. Stapleton), i. 56. The "turris"

had been added by Henry I. (_vide infra_, p. 333). With the above entry

may be compared the phrase in one of Richard's despatches

(1198)—"castrum cepimus cum turre" (_R. Howden_, iv. 58); also the

expression, "tunc etiam comes turrem et castellum funditus evertit,"

applied to Geoffrey's action at Montreuil (_circ._ 1152) by Robert de

Torigny (ed. Howlett, p. 159).

[956] _Chronique de Jordan Fantosme_ (ed. Howlett), ll. 1423, 1424,

1469, 1470.

[957] It is even applied by Giraldus Cambrensis to the turf entrenchment

thrown up by Arnulf de Montgomery at Pembroke.

[958] _M. M. A._, ii. 420.

[959] _English Towns and Districts_, p. 152.

[960] _Mediæval Military Architecture_, ii. 514.

[961] There is a strange use of "castellum," apparently in this sense,

in William of Malmesbury's version (ii. 119) of Godwine's speech on the

Dover riot (1051). The phrase is "magnates _illius castelli_," which Mr.

Freeman unhesitatingly renders "the magistrates of that _town_" (_Norm.

Conq._, 2nd ed., ii. 135), a rendering which should be compared with his

remarks on "castles" on the next page but one, and in Appendix S. Mr.

Clark is of opinion that "whether 'castellum' can [here] be taken for

more than the fortified town is uncertain" (_M. M. A._, ii. 8).

[962] Skeat's _Etymological Dictionary_; Oliphant's _Old and Middle

English_, p. 37. It is not, therefore, strictly accurate to say of the

expression "ænne castel," in the chronicle for 1048, that it was "no

English name," as Mr. Freeman asserts (_Norm. Conq._, 2nd ed., ii. 137),

or to imply that it then first appeared in the language.

[963] _Norman Conquest_ (2nd ed.), ii. 189.

[964] Ed. Howlett, p. 106. Robert also mentions (p. 126) the "towers" of

Evreux, Alençon, and Coutances as among those constructed by Henry I.

[965] "About the Tower," as the chronicle expresses it.

[966] "Henricus Rex circa turrem Rothomagi ... murum altum et latum cum

propugnaculis ædificat, et ædificia ad mansionem regiam congrua infra

eundem murum parat" (_Robert of Torigny_, ed. Howlett, p. 106).

[967] I can make nothing of Mr. Clark's chronology. In his description

of the Tower he first tells us that "all save the keep [_i.e._ the White

Tower] is later, and most of it considerably later than the eleventh

century" (_M. M. A._, ii. 205), and then that "the Tower of the close of

the reign of Rufus" (i.e. _before the end of_ "the eleventh century")

... was probably composed of the White Tower with a palace ward upon its

south-east side, and a wall, probably that we now see, and certainly

along its general course, including what is now known as the inner ward"

(_ibid._, ii. 253). Again, as to the Wakefield Tower, which "deserves

very close attention, its lower story being next to the keep in

antiquity" (_ibid._, ii. 220), Mr. Clark tells us that Gundulf (who died

in 1108) was the founder "perhaps of the Wakefield Tower" (_ibid._, ii.

252); nay, that "Devereux Tower ... may be as old as Wakefield, and

therefore in substance _the work of Rufus_" (_ibid._, ii. 253); and yet

we learn of this same basement, that "the basement of Wakefield Tower is

probably late Norman, perhaps of the reign of Stephen or Henry II.,

although this is no doubt early for masonry so finely jointed" (_ibid._,

ii. 224). In other words, a structure which was "the work of Rufus,"

_i.e._ of 1087-1100, can only be attributed, at the very earliest, to

the days of "Stephen or Henry II.," _i.e._ to 1135-1189.

[968] The very same phrase is employed by Robert de Torigny in

describing her husband's action at Torigny ten years later (1151): "dux

obsederat castellum Torinneium, sed propter adventum Regis infecto

negotio discesserat; combustis tamen domibus infra muros usque ad turrem

et _parvum castellum circa eam_" (ed. Howlett, p. 161).

[969] _Ord. Vit._, ii. 296.

[970] A curious touch in a legend of the time brings before us in a

vivid manner the impression that this mighty tower had made upon the

Norman mind. Hugh de Glos, an oppressor of the poor, appearing, after

death, to a priest by night (1090), declared that the burden he was

compelled to bear seemed "heavier to carry than the Tower of Rouen"

("Ecce candens ferrum molendini gesto in ore, quod sine dubio mihi

videtur ad ferendum gravius Rotomagensi arce."—_Ord. Vit._, iii. 373).

[971] _W. Rufus_, i. 245-260.

[972] "De arce prodiit" (_Ord. Vit._, iii. 353). _Arx_, here as above,

is used as a substitute for _turris_.

[973] "Conanus autem a victoribus in arcem ductus est. Quem Henricus per

solaria turris ducens" (_ibid._, iii. 355). "In superiora Rotomagensis

turris duxit" (_W. Malms._).

[974] _W. Rufus_, i. 256, 257.

[975] _Ord. Vit._, v. (Appendix) 199. See p. 422.

[976] _Robert of Torigny_ (ed. Hewlett), p. 153.

[977] My alternative explanation of the choice of style, namely, the

importance of the keep itself relatively to the "castellum," must also

be borne in mind.

[978] "[Rex] in _turri_ de Bristou captivus ponitur.... [Imperatrix]

obsedit _turrim_ Wintonensis episcopi.... Robertus frater Imperatricis

in cujus _turri_ Rex captivus erat" (_Hen. Hunt._, p. 275).

[979] "In turri Cenomannica" (_Annales Veteres_, 311).

[980] The Tower of Rouen, we have seen (p. 334), was styled "arx regia."

[981] A fine "motte" is visible from the line between Calais and Paris

(on the right); another, as I think, stood on the Lea, between Bow

Bridge and the "Old Ford," and is (or was) well seen from the Great

Eastern line.

[982] _Archæological Journal_, xx. 205-223 (1863).

[983] _Anglia Sacra_ (ed. Wharton), i. 337, 338.

[984] _Gentleman's Magazine_, N.S., xv. 260.

[985] _Mediæval Military Architecture_, ii. 421, 422.

[986] _William Rufus_, i. 53, 54.

[987] "Egregia turris" is the expression of Gervase (_Actus

Pontificum_).

[988] The "castrum lapideum" (compare the three "castra lapidea" erected

for the blockade of Montreuil in 1149) is so styled to distinguish it

from the "castrum ligneum," which occurs so often, and which Mr. Freeman

so persistently renders "tower."

[989] _Mediæval Military Architecture_, ii. 419.

[990] _Journ. Brit. Arch. Ass._, xxxi., 471, 472.

[991] Both writers, also, mistake a general exemption from the _trinoda

necessitas_ for a special allusion to Rochester keep.

[992] _Mediæval Military Architecture_, ii. 421.

[993] Mr. J. R. Boyle has shown that nearly £1000 was spent upon it

between 1172 and 1177, when it was, therefore, in course of erection.

[994] _Mediæval Military Architecture_, i. 186.

[995] _Norman Conquest_, iii. 182.

[996] _Histoire du Château d'Arques_, by A. Deville, pp. x., 412

(Rouen).

[997] Ed. Howlett, p. 106.

[998] _Cours d'antiquités monumentales_ (1835), v. 227, 228.

[999] Colchester, in _Archæologia_, to which he refers, was attributed

to Edward the Elder, and Rochester was, of course, as yet, believed to

be the work of Gundulf.

[1000] Compare Professor Freeman on Falaise: "More probably, I think, of

the twelfth than of the eleventh [century]" (_Norm. Conq._, ii. 175).

[1001] _Château d'Arques_, pp. 307-312.

[1002] _Ibid._, pp. 48, 267.

[1003] Compare the "castrum in cacumine ipsius montis condidit" at

Arques with the "castellum novum super flumen Tyne condidit" at

Newcastle.

[1004] Compare, on this point, the acute criticism of Dr. Bruce

(repeated by Mr. Freeman) that "Wace (v. 12,628) speaks of the horse of

William Fitz Osbern [in 1066] as 'all covered with iron,' whereas in the

[Bayeux] Tapestry 'not a single horse is equipped in steel armour; and

if we refer to the authors who lived at that period, we shall find that

not one of them mentions any defensive covering for the horse.'" Compare

also the expression of William of Malmesbury, who lived and wrote under

the tower-building king, that the Norman barons took advantage of the

Conqueror's minority "_turres_ agere," these being the structures with

the building of which the writer was most familiar.

[1005] "A flight of steps, beginning upon the north face, passing by a

doorway through its most westerly buttress, and which then, turning, is

continued along the west face" (_M. M. A._, i. 188). Cf. Deville (p.

298), and the plan of 1708 (_ibid._, Pl. XII.).

[1006] _M. M. A._, i. 188, ii. 432.

[1007] Report of 1708 (_Deville_, p. 294).

[1008] It is only right to mention that, according to the _Academy_,

"Mr. Clark has long been recognized as the first living authority on the

subject of castellated architecture;" that, in the opinion of the

_Athenæum_, all those "who in future touch the subject may safely rely

on Mr. Clark;" that his is "a masterly history of mediæval military

architecture" (_Saturday Review_); and that, according to _Notes and

Queries_, "no other Englishman knows so much of our old military

architecture as Mr. Clark."

APPENDIX P.

THE EARLY ADMINISTRATION OF LONDON.

(See p. 151.)

The new light which is thrown by the charters granted to Geoffrey upon a

subject so interesting and so obscure as the government and _status_ of

London during the Norman period requires, for its full appreciation,

detailed and separate treatment. But, before advancing my own

conclusions, it is absolutely needful to dispose of that singular

accretion of error which has grown, by gradual degrees, around the

recorded facts.[1009]

The cardinal error has been the supposition that when the citizens of

London, under Henry I., were given Middlesex _ad firmam_, the

"Middlesex" in question was only Middlesex _exclusive of London_. The

actual words of the charter are these:—

"Sciatis me concessisse civibus meis London[iarum], tenendum Middlesex

ad firmam pro ccc libris ad compotum, ipsis et hæredibus suis de me et

hæredibus meis ita quod ipsi cives ponent vicecomitem qualem voluerint

de se ipsis; et justitiarium qualem voluerint de se ipsis, ad

custodiendum placita coronæ meæ et eadem placitanda, et nullus alius

erit justitiarius super ipsos homines London[iarum]."

Now, it is absolutely certain that the shrievalty (_vicecomitatus_) and

the ferm (_firma_) mentioned in this passage are the shrievalty and the

ferm not of Middlesex apart from London, nor of London apart from

Middlesex, but of "London _and_ Middlesex." For there is never, from the

first, but one ferm. It is here called the ferm of "Middlesex;" in the

almost contemporary Pipe-Roll (31 Hen. I.) it is called the ferm of

"London" (there being no ferm of Middlesex mentioned); and Geoffrey's

charters clinch the matter. For while Stephen grants him "the

shrievalties of London and Middlesex,"[1010] the Empress, in her turn,

grants him "the shrievalty of London and Middlesex."[1011] Further, the

Pipe-Rolls of Henry II. describe this same _firma_ both as the ferm of

"London," and as that of "London and Middlesex;" while in the Roll of 8

Ric. I. we find the phrase, "de veteri firma _Comitat'_ Lond' et

Middelsexa." Lastly, the charter of Henry III. grants to the citizens of

London—

"Vicecomitatum Londoniæ et de Middelsexia, cum omnibus rebus et

consuetudinibus quæ pertinent ad predictum Vicecomitatum, infra

civitatem et extra per terras et aquas; ... Reddendo inde annuatim ...

trescentas libras sterlingorum blancorum.[1012]

And so, to this day, the shrievalty is that of "London and

Middlesex."[1013]

The royal writs and charters hear the same witness. When they are

directed to the local authorities, it is to those of "London and

Middlesex," or of "London," or of "Middlesex." The three are, for all

purposes, used as equivalent terms. There was never, as I have said, but

one ferm, and never but one shrievalty.[1014]

Now, this completely disposes of the view that the "Middlesex" of

Henry I.'s charter was Middlesex _apart from London_. This prevalent but

erroneous assumption has proved the cause of much confusion and

misunderstanding of the facts of the case. It has nowhere, perhaps, been

assigned such prominence as in that account of London by Mr. Loftie

which may derive authority in the eyes of some from the editorial

_imprimatur_ of Mr. Freeman.[1015] We there read as follows:—

"It may be as well, before we proceed, to remember one thing. That

London is not in Middlesex, that it never was in Middlesex, ... is a

fact of which we have to be constantly reminded" (p. 125).

From this interpretation of the "Middlesex" of the charter, it, of

course, followed that the writer took the _firma_ of £300 to be paid in

respect of Middlesex _exclusive of London_.[1016] We need not wonder,

therefore, that to him the grant is difficult to understand. Here are

his comments on its terms:—

"If we could estimate the reasons which led to this grant with any

degree of certainty, we should understand better what the citizens

expected to gain by it besides rights of jurisdiction.... The meaning

and nature of the grant are subjects of which we should like to know

more. But here we can obtain little help from books ... and we may

inquire in vain for a definition of the position and duties of the

sheriff who acts for the citizens in their subject county.... There

must have been advantages to accrue from the payment by London of £300

a year, a sum which, small as it seems to us, was a heavy tax in those

days. We may be sure the willing citizens expected to obtain

correspondingly valuable liberties" (pp. 121-123).

Then follow various conjectures, all of them necessarily wide of the

mark. And as with the ferm, so with the sheriff. Mr. Loftie, taking the

sheriff (_vicecomes_) in question to be a sheriff of Middlesex exclusive

of London (which he hence terms a "subject county"), is of necessity

baffled by the charter. For by it the citizens are empowered to appoint

(_a_) a "vicecomes," (_b_) a "justitiarius." As the "vicecomes,"

according to his view, had nothing to do with the City itself, Mr.

Loftie has to account for "the omission of any reference to the

portreeve in the charter," his assumption being that the City itself was

at this time governed by a portreeve. Though his views are obscurely

expressed, his solutions of the problem are as follows. In his larger

work he dismisses the supposition that the "justitiarius" of the charter

was the "chief magistrate" of the City, _i.e._ the portreeve, because

the citizens must have been "already" entitled to elect that officer.

Yet in his later work, with equal confidence, he tells us that by

"justitiarius" the portreeve is "evidently intended." The fact is that

he is really opposing two different suppositions; the one that Henry

granted by his charter the right to elect a portreeve, the other that he

did not grant it, but retained the appointment in his hands. Mr. Loftie

first denies the former, and then, in his later work, asserts the former

to deny the latter. But really his language is so confused that it is

doubtful whether he realized himself the contradictory drift of his two

arguments, both based on the same assumption, which "it is manifestly

absurd," we learn, to dispute.[1017] And the strange part of the

business is this, What is the "proof" that Mr. Loftie offers for the

later of his two hypotheses? If the "trial" to which he refers had ever

taken place at all, and, still more, if it had taken place before 1115,

the fact would have an important bearing. But, in the first place, he

has wrongly assigned to the record too early a date, and, in the second,

it represents Gilbert Prutfot, not as a judge, but as a culprit. The

expression used is, "Terra quam Gillebertus Prutfot nobis

disfortiat."[1018] Now "defortiare" (or "disfortiare") is rendered by

Dr. Stubbs, in his _Select Charters_ (p. 518), "to deforce, to

dispossess by violence." We have here, therefore, an interesting,

because early, example of the legal offence of "deforcement," defined by

Johnson as "a withholding of lands and tenements by force from the right

owner." But the point to which I would call attention is that, even if

this writer were correct in his facts (which he is not), his "proof"

that (a _vicecomes_ and a _justitiarius_ being mentioned in the charter)

the justitiarius was "evidently" the portreeve consists in the fact that

a _vicecomes_ had "given judgment" in a trial, and being styled

_vicecomes_, was the portreeve! That is to say, the _justitiarius_ must

have been the portreeve _because_ the portreeve was styled (_not_

"justitiarius," but, on the contrary,) _vicecomes_. Such is actually his

argument.[1019]

I have dwelt thus fully on these observations, because they illustrate

the hopeless wandering which is the inevitable result of the adoption of

the above fundamental error.

We have a curiously close parallel to this use of "London and Middlesex"

in the expression "turris et castellum," on which I have elsewhere

dwelt.[1020] Just as the relative importance of the "Tower" of London to

the encircling "castle" at its feet led to the term "turris" alone being

used to describe the two,—while, conversely, in the provinces,

"castellum" was the term adopted,—so did the relative greatness of

London to the county that lay around its walls lead to the occasional

use of "London" as a term descriptive of both together, a usage

impossible in the provinces. Whether a "turris et castellum" were

destined to become known as a "turris" or a "castellum," whether

"Londonia et Middelsex" were described as "Londonia" merely, or as

"Middlesex," in each case the entity is the same. For fiscal, and

therefore for our purposes, "London and Middlesex," under whatever name,

remain one and indivisible.

The special value of the charters granted to Geoffrey de Mandeville lies

not so much in their complete confirmation of the view that the _firma_

of "Middlesex" was that of "London _and_ Middlesex" (for that would be

evident without them), as in their proof of the fact, so strangely

overlooked, that this connection was at least as old as the days of

William the Conqueror, and in their treatment of Middlesex (including

London) as an ordinary county like Essex or Herts, "farmed" in precisely

the same way. The _firma_ of Herts was £60, of Essex £300, and of

Middlesex (because containing London) £300 also.

But now let us leave our record evidence and turn to geography and to

common sense. What must have always been the salient feature which

distinguished Middlesex internally from every other county? Obviously,

that the shire was abnormally small, and its chief town abnormally

large. Nor was it a mere matter of size, but, still more, of comparative

wealth. This is illustrated by the taxation recorded in the Pipe-Roll of

1130. Unlike the _firma_, the taxes were raised, as elsewhere, from the

town and the shire respectively, the town contributing an _auxilium_,

and the shire, without the walls, a Danegeld. We thus learn that London

paid a sum about half as large again as that raised from the rest of the

shire.[1021] The normal relation of the "shire" to the "port" was

accordingly here reversed, and so would be also, in consequence, that of

the shire-reeve to the portreeve. Where, as usual, the "port" formed but

a small item in the _corpus comitatus_, it was possible to sever it from

the rest of the county, to place it _extra firmam_, and to give it a

reeve who should stand towards it in the same relation as the

shire-reeve to the shire, and would therefore be termed the "portreeve."

But to have done this in the case of Middlesex would have been to

reverse the nature of things, to place a mere "portreeve" in a position

greater than that of the "shire-reeve" himself. This is why that change

which, in the provinces, was the aim of every rising town, never took

place in the case of London, though the greatest town of all. I say that

it "never took place," for, as we have seen, the city of London was

never severed from the rest of the shire. As far back as we can trace

them, they are found one and indivisible.

What, then, was the alternative? Simply this. The "reeve," who, in the

case of a normal county, took his title from the "shire" and not from

the "port," took it, in the abnormal case of Middlesex, from the "port"

and not from the "shire." In each case both "port" and "shire" were

alike within his jurisdiction; in each case he took his style from the

most important part of that jurisdiction. Such is the original solution

I offer for this most interesting problem, and I claim that its

acceptance will explain everything, will harmonize with all existing

_data_, and will dispose of difficulties which, hitherto, it has been

impossible to surmount.

My contention is, briefly, that the Norman _vicecomes_ of "London," or

"Middlesex," or "London and Middlesex" was simply the successor, in that

office, of the Anglo-Saxon "portreeve." With the sphere of the

_vicecomes_ I have already dealt, and though we are not in a position

similarly to prove the sphere of the Anglo-Saxon "portreeve," I might

appeal to the belief of Mr. Loftie himself that "Ulf the Sheriff of

Middlesex is identical with Ulf the Portreeve of London"[1022] (though

he adds, contrary to my contention, that "as yet their official

connection was only that of neighbourhood"),[1023] and that Ansgar,

though one of the "portreeves" (p. 24); "was Sheriff of Middlesex for a

time there can be no doubt" (p. 127).[1024] But I would rather appeal to

the vital fact that the shire-reeve and the portreeve are, so far I

know, never mentioned together, and that writs are directed to a

portreeve or to a shire-reeve,[1025] but never to both. Specially would

I insist upon the indisputable circumstance that such writs as were

addressed to the "portreeve" by the Anglo-Saxon kings, were addressed to

the _vicecomes_ by the Norman, and that the turning-point is seen under

the Conqueror himself, whose Anglo-Saxon charter is addressed to the

"bisceop" and the "portirefan," and whose Latin writs are, similarly,

addressed to the _episcopus_ and the _vicecomes_. More convincing

evidence it would not be easy to find.

The acceptance of this view will at once dispose of the alleged

"disappearance of the portreeve," with the difficulties it has always

presented, and the conjectures to which it has given rise.[1026] The

style of the "portreeve" indeed disappears, but his office does not. In

the person of the Norman _vicecomes_, it preserves an unbroken

existence. Geoffrey de Mandeville steps, as sheriff, into the shoes of

Ansgar the portreeve.[1027]

The problem as to what became of the portreeve, a problem which has

exercised so many minds, sprang from the delusion that in the Norman

period the City must have had a portreeve for governor independent of

the Sheriff of Middlesex. I term this an undoubted "delusion," because I

have already made it clear that the City was part of the sheriff's

jurisdiction and contributed its share to his _firma_. There was,

therefore, no room for an independent portreeve; nor indeed does a

"portreeve" of London, I believe, ever occur after the Conqueror's

charter.

But we must here glance at the contrary view set forth by Mr. Loftie:—

"The succession of portreeves is uninterrupted. We have the names of

some of them in the records of the Exchequer. Occasionally two or

three, once as many as five, came to answer for the City and pay the

£300 which was the farm of Middlesex. In 1129, a few years only after

the retirement of Orgar and his companions, we read of 'quatuor

vicecomites' as attending for London. The following year we hear of a

single 'camerarius.' The 'Hugh Buche' of Stowe may be identified with

the Hugo de Bock of the St. Paul's documents, and his 'Richard de Par'

with Richard the younger, the chamberlain. 'Par' is probably a

misreading for Parvus contracted. In the reign of Stephen two members

of the Buckerel family hold office, and we have Fulcred and Robert, who

were related to each other. Another early portreeve was Wluardus, who

attends at the Exchequer in 1138, and who continued to be an alderman

thirty years later" (_Historic Towns: London_, p. 34).

Where are "the records of the Exchequer" from which we learn all this?

The only Pipe-Roll of the period is that of 1130, in which "the farm of

Middlesex" is not £300, but a much larger sum, a fact which, as we shall

find, has a most important bearing. The "quatuor vicecomites" appear "as

attending," not in 1129, but in 1130. The "camerarius" does not (and

could not) appear "in the following year," but, on the contrary,

belonged to a preceding one ("Willelmus _qui fuit_ camerarius de

_veteribus_ debitis"); nor does he account for the _firma_. The _firma_

was always accounted for by "vicecomites," and not (as implied on p.

108) by a chamberlain, or by a "prefect." The "Hugh Buche" is given in

Mr. Loftie's former work (p. 98) as "Hugh de Buch." He is meant (as even

Foss perceived) for the well-known Hugh de Bocland (the minister of

Henry I.), who cannot be shown to have been a "portreeve." No "Hugo de

Bock" occurs in the St. Paul's documents, which only mention "Hugo de

Bochelanda" and "Hugo de Bock[elanda]," the latter imperfection being

the source of the error. "Richard, the younger, chamberlain" only occurs

in these documents a century later (1204-1215), and "the younger," I

presume, there translates "juvenis," and not "parvus." It is, moreover,

quite certain that Stowe's "de Par" was not "a misreading for 'parvus'

contracted," but for "delpare," as may easily be ascertained. No member

of the Bucherel family occurs in these documents as holding office "in

the reign of Stephen," though some do in the next century. Fulcred was

not a "portreeve," but a "chamberlain;" and Robert, Fulcred's brother,

was neither one nor the other. But what are we to say to "Wluardus" the

portreeve, "who attends at the Exchequer in 1138"? Where are the

"records of the Exchequer for 1138"? They are known to Mr. Loftie

alone.[1028] Moreover, his identification, here, of the _vicecomes_ with

the portreeve is in direct antagonism to the principle laid down just

before (p. 29), that, on the contrary, it was the _justitiarius_ who

should "evidently" be identified with the portreeve (see p. 350,

_supra_).

Perhaps the assumption of a portreeve's existence springs from

forgetfulness or misapprehension of the condition of London at the time.

Its corporate unity, we must always remember, had not yet been

developed. As Dr. Stubbs so truly observes, London was only

"a bundle of communities, townships, parishes, and lordships, of which

each has its own constitution."[1029]

I cannot indeed agree with him in his view that the result of the

charter of Henry I. was to replace this older system by a new "shire

organization."[1030] For my contention is that our great historian not

only misdates the charter in question, but also misunderstands it

(though not so seriously as others), and that it made no difference in

the "organization" at all. But I would cordially endorse these his

words:—

"No new incorporation is bestowed: the churches, the barons, the

citizens retain their ancient customs; the churches their sokens, the

barons their manors, the citizens their township organization, and

possibly their guilds. The municipal unity which they possess is of the

same sort as that of the county and hundred."[1031]

And he further observes that the City "clearly was organized under a

sheriff like any other shire." Thus the local government of the day was

to be found in the petty courts of these various "communities," and not

in any central corporation. The only centralizing element was the

sheriff, and his office was not so much to "govern," as to satisfy the

financial claims of the Crown in ferm, taxes, and profits of

jurisdiction. There was, of course, the general "folkmote" over which,

with the bishop, he would preside, but the true corporate organisms were

those of the several communities. The sheriff and the folkmote could no

more mould these self-governing bodies into one coherent whole, than

they could, or did, accomplish this in the case of an ordinary shire.

Here we have a somewhat curious parallel between such a polity as is

here described and that of the present metropolis outside the City.

There, too, we have the local communities, with their quasi-independent

vestries, etc., and the Metropolitan Board of Works is a substitute for

their "folkmote" or "shiremote."[1032] But, to revert to the days of

Henry I., the Anglo-Saxon system of government, its strength varying in

intension conversely with its sphere in extension, possessed the

toughest vitality in its lowest and simplest forms. Thus the original

territorial system might never have led to a corporate unity. But what

the sheriff and the folkmote could not accomplish, the mayor and the

_communa_ could and did. The territorial arrangement was overthrown by

the rising power of commerce. To quote once more from Dr. Stubbs's work:

"The establishment of the corporate character of the City under a mayor

marks the victory of the communal principle over the more ancient shire

organization.... It also marks the triumph of the mercantile over the

aristocratic element."[1033]

At the risk of being tedious I would now repeat the view I have advanced

on the shrievalty, because the point is of such paramount importance

that it cannot be expressed too clearly. The great illustrative value of

Geoffrey's charters is this. They prove, in the first place, that

Middlesex (inclusive of London) was treated financially on the same

footing as Essex or Herts or any other shire; and in the second they

give us that all-important information, the amount of the _firma_ for

each of these counties at the close of the eleventh century. All we have

to do in the case of Middlesex is to keep steadily in view its _firma_

of £300. Sometimes described as the _firma_ of "London," sometimes "of

Middlesex," and sometimes "of London and Middlesex," its identity never

changes; it is always, and beyond the shadow of question, the _firma_ of

Middlesex inclusive of London. The history of this ancient payment

reveals a persistent endeavour of the Crown to increase its amount, an

endeavour which was eventually foiled. Under the first Geoffrey de

Mandeville (William I. and William II.), it was £300. Nearly doubled by

Henry I., it was yet reduced to £300 by his charter to the citizens of

London. In the succeeding reign, the second Geoffrey eventually secured

it from both claimants at the same low figure (£300). Under Henry II.,

as the Pipe-Rolls show, it was again raised as under Henry I. John, we

shall find, reduced it again to the original £300, and the reduction was

confirmed by his successor on his assuming the reins of power. For we

find a charter of Henry III. conceding to the citizens of London

(February 11, 1227)—

"Vicecomitatum Londoniæ et de Middlesexiâ cum omnibus rebus et

consuetudinibus quæ pertinent ad prædictum Vicecomitatum, infra

Civitatem et extra per terras et aquas; Habendum et tenendum eis et

heredibus suis de nobis et heredibus nostris; Reddendo inde annuatim

nobis et heredibus nostris _trescentas libras_ sterlingorum

blancorum.... Hanc vero concessionem et confirmationem fecimus Civibus

Londoniæ propter emendationem ejusdem Civitatis, et _quia antiquitus

consuevit esse ad firmam pro trecentis libris_."

The adhesion of the City to Simon de Montfort resulted in the forfeiture

of its rights, and when, in 1270, the citizens were restored to favour,

on payment of heavy sums to the king and to his son, they received

permission "to have two sheriffs of their own who should hold the

shrievalty of the City and Middlesex as they used to have." But the

_firma_ was raised from £300 to £400 a year.[1034] Finally, on the

accession of Edward III. (March 9, 1326/7), the _firma_ was reduced to

the original sum of £300 a year, at which figure, Mr. Loftie says, "it

has remained ever since."[1035]

This one _firma_, of which the history has here been traced, represents

one _corpus comitatus_, namely, Middlesex inclusive of London.[1036]

From this conclusion there is no escape.

Hence the _firmarii_ of this _corpus comitatus_ were from the first the

_firmarii_ (that is, the sheriffs) of Middlesex inclusive of London.

This, similarly, is beyond dispute. As with the _firma_ so with the

sheriffs. Whether described as "of London," or "of Middlesex," or "of

London and Middlesex," they are, from the first, the sheriffs of

Middlesex inclusive of London.

This conclusion throws a new light on the charter by which Henry I.

granted to the citizens of London Middlesex (_i.e._ Middlesex inclusive

of London) at farm. Broadly speaking, the transaction in question may be

regarded in this aspect. Instead of leasing the _corpus comitatus_ to

any one individual for a year, or for a term of years, the king leased

it to the citizens as a body, leased it, moreover, in perpetuity, and at

the low original _firma_ of £300 a year. The change effected was simply

that which was involved in placing the citizens, as a body, in the shoes

of the Sheriff "of London and Middlesex."[1037]

The only distinction between this lease and one to a private individual

lies in the corporate character of the lessee, and in the consequent

provision for the election of a representative of that corporate body:

"Ita quod ipsi cives ponent vicecomites qualem voluerint de seipsis."

It would seem that under the _régime_ adopted by Henry I., the financial

exactions of which a glimpse is afforded us in the solitary Pipe-Roll of

his reign, included the leasing of the counties, etc. (_i.e._ of the

financial rights of the Crown in them), at the highest rate possible.

This was effected either by adding to the annual _firma_, a sum "de

cremento," or by exacting from the _firmarius_, over and above his

_firma_, a payment "de gersoma" for his lease. Where the lease was

offered for open competition it would be worth the while of the would-be

_firmarius_ to offer a large payment "de gersoma" for his lease, if the

_firma_ was a low one. But if the _firma_ was a high one, he would not

offer much for his bargain. In the case of Oxfordshire we find the

sheriff paying no less than four hundred marks "de gersoma, pro comitatu

habendo."[1038] But in Berkshire the payment "de gersoma" would seem to

have been considerably less.[1039] Sometimes the county (or group of

counties) was leased for a specified term of years. Thus "Maenfininus"

had taken a lease of Bucks. and Beds. for four years,[1040] for which,

seemingly, he paid but a trifling sum "de gersoma," while William de

Eynsford (Æinesford) paid a hundred marks for a five years' lease of

Essex and Herts.[1041] Now, the fact that William de Eynsford was not an

Essex but a Kentish landowner obviously suggests that in taking this

lease he was actuated by speculative motives. It is, indeed, an admitted

fact that the Norman gentry, in their greed for gain, were by no means

above indulging in speculations of the kind. But when we make the

interesting discovery that William de Eynsford, in this same reign, had

acted as Sheriff of London,[1042] may we not infer that, there also, he

had indulged in a similar speculation? That the shrievalty of London

(_i.e._ London and Middlesex) was purchased by payments "de gersoma" is

a matter, itself, not of inference, but of fact. Fulcred fitz Walter is

debited in the Pipe-Rolls with a sum of "cxx marcas argenti de Gersoma

pro Vicecomitatu Londoniæ."[1043]

The _firmarius_ who had succeeded in obtaining a lease would have to

recoup himself, of course, from his receipts the amount of the actual

"firma" _plus_ his payment "de gersoma," before he could derive for

himself any profit whatever from the transaction. This implied that he

had closely to shear the flock committed to his charge. If he was a mere

speculator, unconnected with his sphere of operations, he would have no

scruple in doing this, and would resort to every means of extortion.

What those means were it is now difficult to tell, for, obscure as the

financial system of the Norman period may be, it is clear that just as

the _rotulus exactorius_ recorded the amounts to which the king was

entitled from the _firmarii_ of the various counties, so these

_firmarii_, in their turn, were entitled to sums of ostensibly fixed

amount from the various constituents of their counties' "corpora."

Domesday, however, while recording these sums, shows us, in many

remarkable cases, a larger "redditus" being paid than that which was

strictly due. The fact is that we are, and must be, to a great extent,

in the dark as to the fixity of these ostensibly stereotyped payments.

That the remarkable rise in the annual _firmæ_ exacted from the towns

which, Domesday shows us, had taken place since, and consequent on, the

Conquest would seem to imply that these _firmæ_, under the loose

_régime_ of the old system, had been allowed to remain so long unaltered

that they had become antiquated and unduly low. In any case the

Conqueror raised them sharply, probably according to his estimate of the

financial capacity of the town. And this step would, of course, involve

a rise in the total of the _firma_ exacted from the _corpus comitatus_.

The precedent which his father had thus set was probably followed by

Henry I., who appears to have exacted, systematically, the uttermost

farthing. It was probably, however, to the oppressive use of the

"placita" included in the "firma comitatus" that the sheriffs mainly

trusted to increase their receipts.

But whatever may have been the means of extortion possessed by the

sheriffs in the towns within their rule,[1044] and exercised by them to

recoup themselves for the increased demands of the Crown, we know that

such means there must have been, or it would not have been worth the

while of the towns to offer considerable sums for the privilege of

paying their _firmæ_ to the Crown directly, instead of through the

sheriffs.[1045]

I would now institute a comparison between the cases of Lincoln and of

London. In both cases the city formed part of the _corpus comitatus_; in

both, therefore, its _firma_ was included in the total ferm of the

shire. Lincoln was at this time one of the largest and wealthiest towns

in the country. Its citizens evidently had reason to complain of the

exactions of the sheriff of the shire. London, we infer, was in the same

plight. Both cities were, accordingly, anxious to exclude the financial

intervention of the sheriff between themselves and the Crown. How was

this end to be attained? It was attained in two different ways varying

with the circumstances of the two cases. London was considerably larger

than Lincoln, and Middlesex infinitely smaller than Lincolnshire. Thus

while the _firma_ of Lincoln represented less than a fifth of the ferm

of the shire,[1046] that of London would, of course, constitute the bulk

of the ferm of Middlesex. Lincoln, therefore, would only seek to sever

itself financially from the shire; London, on the contrary, would

endeavour to exclude, still more effectually, the sheriff, by itself

boldly stepping into the sheriff's shoes. The action of the citizens of

Lincoln is revealed to us by the Roll of 1130:—

"Burgenses Lincolie reddunt compotum de cc marcis argenti et iiij

marcis auri ut teneant ciuitatem de Rege in capite" (p. 114).

The same Roll is witness to that of the citizens of London:—

"Homines Londonie reddunt compotum de c marcis argenti ut habeant

Vic[ecomitem?] ad electionem suam" (p. 148).

I contend that these two passages ought to be read together. No one

appears to have observed the fact that the sequel to the above Lincoln

entry is to be found in the Pipe-Roll of 1157 (3 Hen. II.). We there

find £140 deducted from the ferm of the shire in consideration of the

severance of the city from the _corpus comitatus_ ("Et in Civitate

Lincol[nie] CXL libræ blancæ"). But we further find the citizens of

Lincoln, in accounting for their _firma_ to the Crown direct, accounting

not for £140, but for £180. It must, consequently, have been worth their

while to offer the Crown a sum equivalent to about a year's rental for

the privilege of paying it £180 direct rather than £140 through the

sheriff.[1047] Such figures are eloquent as to the extortions from which

they had suffered. The citizens of London, as I have said, set to work a

different way. They simply sought to lease the shrievalty of the shire

themselves. I can, on careful consideration, offer no other suggestion

than that the hundred marcs for which they account in the Roll of 1130,

represent the payment by which they secured a lease of the shrievalty

for the year 1129-1130, the shrievalty being held in that year by the

"quatuor vicecomites" of the Roll. I gather from the Roll that Fulcred

fitz Walter had been sheriff for 1128-29, and his payment "de gersoma"

is, I take it, represented in the case of the following year (1129-30)

by these hundred marks, the "quatuor vicecomites" themselves having paid

nothing "de gersoma." On this view, the citizens must have leased the

shrievalty themselves and then put in four of their fellows, as

representing them, to hold it. But, obviously, such a post was not one

to be coveted. To exact sufficient from their fellow-citizens wherewith

to meet the claims of the Crown would be a task neither popular nor

pleasant. Indeed, the fact of the citizens installing four "vicecomites"

may imply that they could not find any one man who would consent to fill

a post as thankless as that of the hapless _decurio_ in the provinces of

the Roman Empire, or of the chamberlain, in a later age, in the country

towns of England. Hence it may be that we find it thus placed in

commission. Hence, also, the eagerness of these _vicecomites_ to be quit

of office, as shown by their payment, for that privilege, of two marcs

of gold apiece.[1048] It may, however, be frankly confessed that the

nature of this payment is not so clear as could be wished. Judging from

the very ancient practice with regard to municipal offices, one would

have thought that such payments would probably have been made to their

fellow-citizens who had thrust on them the office rather than to the

Crown. Moreover, if their year of office was over, and the city's lease

at an end, one would have thought they would be freed from office in the

ordinary course of things. The only explanation, perhaps, that suggests

itself is that they purchased from the Crown an exemption from serving

again even though their fellow-citizens should again elect them to

office.[1049] But I leave the point in doubt.

The hypothesis, it will be seen, that I have here advanced is that the

citizens leased the shrievalty (so far as we know, for the first time)

for the year 1129-30. We have the names of those who held the shrievalty

at various periods in the course of the reign, before this year, but

there is no evidence that, throughout this period, it was ever leased to

the citizens. The important question which now arises is this: How does

this view affect the charter granted to the citizens by Henry I.?

We have first to consider the date to which the charter should be

assigned. Mr. Loftie characteristically observes that Rymer, "from the

names appended to it or some other evidence, dates it in 1101."[1050] As

a matter of fact, Rymer assigns no year to it; nor, indeed, did Rymer

himself even include it in his work. In the modern enlarged edition of

that work the charter is printed, but without a date, nor was it till

1885 that in the Record Office _Syllabus_, begun by Sir T. D. Hardy, the

date 1101 was assigned to it.[1051] That date is possibly to be traced

to Northouck's _History of London_ (1773), in which the commencement of

Henry's reign is suggested as a probable period (p. 27). This view is

set forth also in a modern work upon the subject.[1052] It is not often

that we meet with a charter so difficult to date. The _formula_ of

address, as it includes justices, points, according to my own theory, to

a late period in the reign, as also does the differentiation between the

justice and the sheriff. And the witnesses do the same. But there is,

unfortunately, no witness of sufficient prominence to enable us to fix

the date with precision. All that we can say is that such a name as that

of Hugh Bigod points to the period 1123-1135, and that, of the nine

witnesses named, seven or eight figure in the Pipe-Roll of 1130 (31

Hen. I.). This would suggest that these two documents must be of about

the same date. Now, though we cannot trace the tenure of the shrievalty

before Michaelmas, 1128, from the Roll, there is, as I have said, no

sign that this charter had come into play. Nor is it easy to understand

how or why it could be withdrawn within a very few years of its grant.

In short, for this view there is not a scrap of evidence; against it, is

all probability. If, on the contrary, we adopt the hypothesis which I am

now going to advance, namely, that the charter was later than the

Pipe-Roll, the difficulties all vanish. By this view, the lease for a

year, to which the Pipe-Roll bears witness, would be succeeded by a

permanent arrangement, that lease of the ferm in perpetuity, which we

find recorded in the charter.

It is, indeed, evident that the contrary view rests solely on the guess

at "1101," or on the assumption of Dr. Stubbs that the charter was

earlier than the Pipe-Roll. Mr. Freeman and others have merely followed

him. Dr. Stubbs writes thus:—

"Between the date of Henry's charter and that of the great Pipe-Roll,

some changes in the organization of the City must have taken place. In

1130 there were four sheriffs or vicecomites, who jointly account for

the ferm of London, instead of the one mentioned in the charter; and

part of the account is rendered by a chamberlain of the City. The right

to appoint the sheriffs has been somehow withdrawn, for the citizens

pay a hundred marks of silver that they may have a sheriff of their own

choice," etc., etc.[1053]

But our great historian nowhere tells us what he considers "the date of

Henry's charter" to have been. If that date was subsequent to the

Pipe-Roll, the whole of his argument falls to the ground.

The substitution of four sheriffs for one, to which Dr. Stubbs alludes,

is a matter of slight consequence, for the number of the "vicecomites"

varies throughout. As a matter of fact, the abbreviated forms leave us,

as in the Pipe-Roll of 1130, doubtful whether we ought to read

"vicecomite_m_" or "vicecomite_s_," and even if the former is the one

intended, we know, both in this and other cases, that there was nothing

unusual in putting the office in commission between two or more. As to

the chamberlain, he does not figure in connection with the _firma_, with

which alone we are here concerned. But, oddly enough, Dr. Stubbs has

overlooked the really important point, namely, that the _firma_ is not

£300, as fixed by the charter, but over £500.[1054] This increases the

discrepancy on which Dr. Stubbs lays stress. The most natural inference

from this fact is that, as on several later occasions, the Crown had

greatly raised the _firma_ (which had been under the Conqueror £300),

and that the citizens now, by a heavy payment, secured its reduction to

the original figure. Thus, on my hypothesis that the charter was granted

between 1130 and 1135, the Crown must have been tempted, by the offer of

an enormous sum down, to grant (1) a lease in perpetuity, (2) a

reduction of the fee-farm rent ("firma") to £300 a year. As the sum to

which the _firma_ had been raised by the king, together with the annual

_gersoma_, amounted to some £600 a year, such a reduction can only have

been purchased by a large payment in ready money.

It was, of course, by such means as these that Henry accumulated the

vast "hoard" that the treasury held at his death. He may not improbably

in collecting this wealth have kept in view what appears to have been

the supreme aim of his closing years, namely, the securing of the

succession to his heirs. This was to prove the means by which their

claims should be supported. It would, perhaps, be refining too much to

suggest that he hoped by this charter to attach the citizens to the

interests of his line, on whom alone it could be binding. In any case

his efforts were notoriously vain, for London headed throughout the

opposition to the claims of his heirs. I cannot but think that his

financial system had much to do with this result, and that, as with the

Hebrews at the death of Solomon, the citizens of London bethought them

only of his "grievous service" and his "heavy yoke," as when they met

the demand of his daughter for an enormous sum of money[1055] by bluntly

requesting a return to the system of Edward the Confessor.[1056]

In any case the concessions in Henry's charter were wholly ignored both

by Stephen and by the Empress, when they granted in turn to the Earl of

Essex the shrievalty of London and Middlesex (1141-42).

A fresh and important point must, however, now be raised. What was the

attitude of Henry II. towards his grandfather's charter? Of our two

latest writers on the subject, Mr. Loftie tells us that

"Henry II. was too astute a ruler not to put himself at once on a good

footing with the citizens. One of his first acts was to confirm the

Great Charter of his grandfather."[1057]

Miss Norgate similarly asserts that "the charter granted by Henry II. to

the citizens, some time before the end of 1158, is simply a confirmation

of his grandfather's."[1058] Such, indeed, would seem to be the accepted

belief. Yet, when we compare the two documents, we find that the special

concessions with which I am here dealing, and which form the opening

clauses of the charter of Henry I., are actually omitted altogether in

that of Henry II.![1059] This leads us to examine the rest of the latter

document. To facilitate this process I have here arranged the two

charters side by side, and divided their contents into numbered clauses,

italicizing the points of difference.

HENRY I.

(1) Cives non placitabunt extra muros civitatis pro ullo placito.

(2) Sint quieti _de schot et de loth de Danegildo et_ de murdro, et

nullus eorum faciat bellum.

(3) Et si quis civium de placitis coronæ implacitatus fuerit, per

sacramentum quod judicatum fuerit in civitate, se disrationet homo

Londoniarum.

(4) Et infra muros civitatis nullus hospitetur, neque de mea familia,

neque de alia, nisi alicui hospitium liberetur.

(5) Et omnes homines Londoniarum sint quieti et liberi, et omnes res

eorum, et per totam Angliam _et per portus maris, de thelonio et

passagio_ et lestagio _et omnibus aliis consuetudinibus_.

(6) Et ecclesiæ et barones et cives teneant et habeant bene et in pace

socnas suas cum omnibus consuetudinibus, ita quod hospites qui in

soccis suis hospitantur nulli dent consuetudines suas, nisi illi cujus

socca fuerit, vel ministro suo quem ibi posuerit.

(7) Et homo Londoniarum non judicetur in misericordia pecuniæ nisi ad

suam _were_, scilicet ad c solidos, dico de placito quod ad pecuniam

pertineat.

(8) Et amplius non sit miskenninga in hustenge, neque in folkesmote,

neque in aliis placitis infra civitatem; Et husteng sedeat semel in

hebdomada, videlicet die Lunæ.

(9) Et terras suas _et wardemotum_ et debita civibus meis habere faciam

_infra civitatem et extra_.

(10) Et de terris de quibus ad me clamaverint rectum eis tenebo lege

civitatis.

(12) Et omnes debitores qui civibus debita debent eis reddant vel in

Londoniis se disrationent quod non debent. _Quod si reddere noluerint,

neque ad disrationandum venire, tunc cives quibus debita sua debent

capiant intra civitatem namia sua, vel de comitatu in quo manet qui

debitum debet._

(11) Et si quis thelonium vel consuetudinem a civibus Londoniarum

ceperit, _cives_ Londoniarum capiant de burgo vel de villa ubi

theloneum vel consuetudo capta fuit, quantum homo Londoniarum pro

theloneo dedit, et proinde de damno ceperit.[1072]

(13) Et cives habeant fugationes suas ad fugandum sicut melius et

plenius habuerunt antecessores eorum, scilicet Chiltre et Middlesex et

Sureie.

HENRY II.

(1) Nullus eorum placitet extra muros civitatis Londoniarum[1060] de

ullo placito _præter placita de tenuris exterioribus, exceptis

monetariis et ministris meis_.

(2) Concessi etiam eis quietanciam murdri, [_et_[1061]] _infra urbem et

Portsokna_,[1062] et quod nullus[1063] faciat bellum.[1064]

(3) De placitis ad coronam [spectantibus[1065]] se possunt disrationare

secundum antiquam consuetudinem civitatis.

(4) Infra muros nemo capiat hospitium per vim vel per liberationem

Marescalli.

(5) Omnes cives Londoniarum[1066] sint quieti de theloneo et lestagio

per totam Angliam et per portum[1067] maris.

(6) [This clause is wholly omitted.]

(7) Nullus de misericordia pecuniæ judicetur nisi secundum legem

civitatis quam habuerunt tempore Henrici regis[1068] avi mei.

(8) In civitate in nullo placito sit miskenninga; et quod Hustengus

semel tantum in hebdomada teneatur.

(9) Terras suas _et tenuras et vadimonia_ et debita omnia juste

habeant, _quicunque eis debeat_.

(10) De terris suis et tenuris _quæ infra urbem sunt_, rectum eis

teneatur secundum legem[1069] civitatis; et de omnibus debitis suis quæ

accomodata fuerint apud Londonias,[1070] et de vadimoniis ibidem

factis, placita [? sint] apud Londoniam.[1071]

(11) Et si quis _in tota Anglia_ theloneum et consuetudinem ab

hominibus Londoniarum[1070] ceperit, _postquam ipse a recto defecerit,

Vicecomes_ Londoniarum[1070] namium inde _apud Londonias_[1070] capiat.

(12) Habeant fugationes suas, ubicumque [1073]habuerunt tempore Regis

Henrici avi mei.

(13) _Insuper etiam, ad emendationem civitatis, eis concessi quod[1074]

sint quieti de Brudtolle, et de Childewite, et de Yaresive,[1075] et de

Scotale; ita quod Vicecomes meus_ (sic) _London[iarum][1076] vel

aliquis alius ballivus Scotalla non faciat._

Before passing to a comparison of these charters, we must glance at the

question of texts. The charter of Henry I. is taken from the _Select

Charters_ of Dr. Stubbs, who has gone to the _Fœdera_ for his text

(which is taken from an Inspeximus of 5 Edw. IV.). That of Henry II. is

taken from the transcript in the _Liber Custumarum_ (collated with the

_Liber Rubeus_). Neither of these sources is by any means as pure as

could be wished. The names of the witnesses in both had always aroused

my suspicions,[1077] but the collation of the two charters has led to a

singular discovery. It will be noticed that in the charter of Henry I.

the citizens are guaranteed "terras _et wardemotum_ et debita sua." Now,

this is on the face of it an unmeaning combination. Why should the

wardmoot be thus sandwiched between the lands of the citizens and the

debts due to them? And what can be the meaning of confirming to them

their wardmoot (? wardmoots), when the hustings is only mentioned as an

infliction and the folkmoot as a medium of extortion? Yet, corrupt

though this passage, on the face of it, appears, our authorities have

risen at this unlucky word, if I may venture on the expression, like

pike. Dr. Stubbs, Professor Freeman, Miss Norgate, Mr. Green, Mr.

Loftie, Mr. Price, etc., etc., have all swallowed it without suspicion.

Historians, like doctors, may often differ, but truly "when they do

agree their unanimity is wonderful." Collation, however, fortunately

proves that "wardemotum" is nothing more than a gross misreading of

"vadimonia," a word which restores to the passage its sense by showing

that what Henry confirmed to the citizens was "the property mortgaged to

them, and the debts due to them."[1078]

Having thus enforced the necessity for caution in arguing from the text

as it stands, I would urge that, with the exception of the avowed

addition at the close, the later charter has, in sundry details, the

aspect of a grudging confirmation, restricting rather than enlarging the

benefits conferred. This, however, is but a small matter in comparison

with its total omission of the main concession itself. This fact, so

strangely overlooked, coincides with the king's allusion to the sheriff

as "vicecomes _meus_" (no longer the citizens' sheriff),[1079] but

explains above all the circumstance, which would be quite inexplicable

without it, that the _firma_ is again, under Henry II., found to be not

£300, but over £500 a year.

In 1164 (10 Hen. II.) the _firma_ of London, if I reckon it right, was,

as in 1130 (31 Hen. I.), about £520.[1080] In 1160 (6 Hen. II.) it was a

few pounds less,[1081] and in 1161 (7 Hen. II.) it was little, it would

seem, over £500.[1082] But in these calculations it is virtually

impossible to attain perfect accuracy, not only from the system of

keeping accounts partly in _libræ_ partly in _marcæ_, and partly in

money "blanched" partly in money "numero," but also from the fact that

the figures on the Pipe-Rolls are by no means so infallible as might be

supposed.[1083]

Nor does the charter of Richard I. (April 23, 1194) make any change. It

merely confirms that of his father. But John, in addition to confirming

this (June 17, 1199), granted a supplementary charter (July 5, 1199)—

"Sciatis nos concessisse et præsenti Charta nostra confirmasse civibus

Londoniarum Vicecomitatum Londoniarum et de Middelsexia, cum omnibus

rebus et consuetudinibus quæ pertinent ad prædictum Vicecomitatum ...

reddendo inde annuatim nobis et heredibus nostris ccc libras

sterlingorum blancorum.... Et præterea concessimus civibus Londoniarum,

quod ipsi de se ipsis faciant Vicecomites quoscunque voluerint, et

amoveant quando voluerint; ... Hanc vero concessionem et confirmationem

fecimus civibus Londoniarum propter emendationem ejusdem civitatis et

quia antiquitus consuevit esse ad firmam pro ccc libris."[1084]

Here at length we return to the concessions of Henry I., with which this

charter of John ought to be carefully compared. With the exception of

the former's provision about the "justiciar" (an exception which must

not be overlooked), the concessions are the same. The subsequent raising

of the _firma_ to £400 (in 1270), and its eventual reduction to £300 (in

1327), have been already dealt with (pp. 358, 359).

We see then that, in absolute contradiction of the received belief on

the subject, the shrievalty was not in the hands of the citizens during

the twelfth century (_i.e._ from "1101"), but was held by them for a few

years only, about the close of the reign of Henry I. The fact that the

sheriffs of London and Middlesex were, under Henry II. and Richard I.,

appointed throughout by the Crown, must compel our historians to

reconsider the independent position they have assigned to the City at

that early period. The Crown, moreover, must have had an object in

retaining this appointment in its hands. We may find it, I think, in

that jealousy of exceptional privilege or exemption which characterized

the _régime_ of Henry II. For, as I have shown, the charters to Geoffrey

remind us that the ambition of the urban communities was analogous to

that of the great feudatories in so far as they both strove for

exemption from official rule. It was precisely to this ambition that

Henry II. was opposed; and thus, when he granted his charter to London,

he wholly omitted, as we have seen, two of his grandfather's

concessions, and narrowed down those that remained, that they might not

be operative outside the actual walls of the city. When the shrievalty

was restored by John to the citizens (1199), the concession had lost its

chief importance through the triumph of the "communal" principle. When

that civic revolution had taken place which introduced the "communa"

with its mayor—a revolution to which Henry II. would never, writes the

chronicler, have submitted—when a Londoner was able to boast that he

would have no king but his mayor, then had the sheriff's position become

but of secondary importance, subordinate, as it has remained ever since,

to that of the mayor himself.

The transient existence of the local _justitiarius_ is a phenomenon of

great importance, which has been wholly misunderstood. The Mandeville

charters afford the clue to the nature of this office. It represents a

middle term, a transitional stage, between the essentially _local_

shire-reeve and the _central_ "justice" of the king's court. I have

already (p. 106) shown that the office sprang from "the differentiation

of the sheriff and the justice," and represented, as it were, the

localization of the central judicial element. That is to say, the

_justitiarius_ for Essex, or Herts., or London and Middlesex, was a

purely local officer, and yet exercised, within the limits of his

bailiwick, all the authority of the king's justice. So transient was

this state of things that scarcely a trace of it remains. Yet Richard de

Luci may have held the post, as we saw (p. 109), for the county of

Essex, and there is evidence that Norfolk had a justice of its own in

the person of Ralf Passelewe.[1085] Now, in the case of London, the

office was created by the charter of Henry I., granted (as I contend)

towards the end of his reign, and it expired with the accession of

Henry II. It is, therefore, in Stephen's reign that we should expect to

find it in existence; and it is precisely in that reign that we find the

office _eo nomine_ twice granted to the Earl of Essex and twice

mentioned as held by Gervase, otherwise Gervase of Cornhill.[1086]

The office of the "Justiciar of London" should now be no longer obscure;

its possible identity with those of portreeve, sheriff, or mayor cannot,

surely, henceforth be maintained.

[1009] On the somewhat thorny question of the right extension of "Lond'"

(Lond_onia_ or Lond_oniæ_) I would explain at the outset that both

forms, the singular and the plural, are found, so that either extension

is legitimate. I have seen no reason to change my belief (as set forth

in the _Athenæum_, 1887) that "Londoni_a_" is the Latinization of the

English "Londone," and "Londoni_æ_" of the Norman "Londres."

[1010] "Vicecomitatus de Londonia et de Middelsexa ... pro ccc libris."

[1011] "Vicecomitatum Lundoniæ et Middelsex pro ccc libris."

[1012] Madox's _Firma Burgi_, p. 242, _note_.

[1013] These words were written before the late changes.

[1014] A remarkable illustration of this loose usage is afforded by the

case of the archdeaconry. Take the styles of Ralph "de Diceto." Dr.

Stubbs writes of his archdeaconry: "That it was the archdeaconry of

Middlesex is certain ... it is beyond doubt, and wherever Ralph is

called Archdeacon of London, it is only loosely in reference to the fact

that he was one of the four archdeacons of the diocese" (_Radulfi de

Diceto Opera_, I. xxxv., xxxvi.). But, as to this explanation, the

writer adduces no evidence in support of this view, that all "four

archdeacons" might be described, loosely, as "of London." Indeed, he

admits, further on (p. xl., _note_), "that the title of Essex or

Colchester is generally given to the holders of these two

archdeaconries, so that really the only two between which confusion was

likely to arise were London and Middlesex." Now, in a very formal

document, quoted by Dr. Stubbs himself (p. 1., _note_), Ralph is

emphatically styled "Archdeacon of London." It is clear, therefore,

that, in the case of this archdeaconry, that style was fully recognized,

and the explanation of this is to be found, I would suggest, in the use,

exemplified in the text _ut supra_, of "London" and "Middlesex" as

convertible terms.

[1015] Mr. Freeman himself makes the same mistake, and insists on

regarding Middlesex as a subject district round the City.

[1016] Even Dr. Sharpe, the learned editor of the valuable _Calendar of

Hustings Wills_, is similarly puzzled by a grant of twenty-five marks

out of the king's ferm "de civitate London," to be paid annually by the

sheriffs of London and Middlesex (i. 610), because he imagines that the

_firma_ was paid in respect of the sheriffwick of Middlesex alone.

[1017] "It has been supposed that the justiciar here mentioned means a

mayor or chief magistrate, and that the grant includes that of the

election of the supreme executive officer of the City. It may be so, but

all probability is against this view. For by this time the citizens

already appear to have selected their own portreeve, by whatever name he

was called; and it is absurd to suppose that the king gave them power to

appoint a sheriff of Middlesex, if they were not already allowed to

appoint their own. The omission of any reference to the portreeve in the

charter cannot, in fact, be otherwise accounted for" (_History of

London_, i. 90).

"The next substantial benefit they derived from the charter was the

leave to elect their own justiciar. They may place whom they will to

hold pleas of the Crown. The portreeve is here evidently intended, for

it is manifestly absurd to suppose, as some have done, that Henry

allowed the citizens to elect a reeve for Middlesex, if they could not

elect one for themselves; and if proof were wanting, we have it in the

references to the trials before the portreeve which are found in very

early documents. In one of these, which cannot be dated later than 1115,

Gilbert Proudfoot, or Prutfot, described as vicecomes, is mentioned as

having some time before given judgment against the dean and chapter as

to a piece of land on the present site of the Bank of England"

(_London_, p. 29).

[1018] _Ninth Report Hist. MSS._, i. 66 _b_.

[1019] Reference to p. 110, _supra_, will show at once how vain is the

effort to wrench "justitiarius" from its natural and well-known meaning.

[1020] See Appendix O.

[1021] Here and elsewhere I use "shire" on the strength of Middlesex

having a "sheriff" (_i.e._ a shire-reeve).

[1022] _London_, p. 126.

[1023] This springs, of course, from what I have termed "the fundamental

error."

[1024] See p. 37, _ante_, and _Norm. Conq._, iii. (1869) 424, 544, 729.

[1025] I would suggest that, as in the case of Ulf, the Reeve of "London

and Middlesex" might be addressed as portreeve in writs affecting the

City and as shire-reeve in those more particularly affecting the rest of

Middlesex.

[1026] Dr. Stubbs, in a footnote, hazards "the conjecture" that "the

disappearance of the portreeve" may be connected with "a civic

revolution, the history of which is now lost, but which might account

for the earnest support given by the citizens to Stephen," etc. In

another place (_Select Charters_, p. 300) he writes: "How long the

Portreeve of London continued to exist is not known; perhaps until he

was merged in the _mayor_." I have already dealt with Mr. Loftie's

explanation of "the omission of any reference to the portreeve" in the

charter.

[1027] See p. 37, _ante_, and Addenda.

[1028] See _Athenæum_, February 5, 1887, p. 191; also my papers on "The

First Mayor of London" in _Academy_, November 12, 1887, and _Antiquary_,

March, 1887.

[1029] _Const. Hist._, i. 404.

[1030] "The ... shire organization which seems to have displaced early

in the century" [_i.e._ by Henry's charter] "the complicated system of

guild and franchise" (_ibid._, i. 630).

[1031] _Ibid._, i. 405.

[1032] This was written before the days of the London County Council.

[1033] _Ibid._, i. 630.

[1034] _Liber de Antiquis Legibus_, p. 124: "Circa idem tempus, scilicet

Pentecosten (1270), ad instantiam domini Edwardi concessit Dominus Rex

civibus ad habendum de se ipsis duos Vicecomites, qui tenerent

Vicecomitatum Civitatis et Midelsexiæ ad firmam sicut ante solebant:

Ita, tamen, cum temporibus transactis solvissent inde tantummodo per

annum ccc libras sterlingorum blancorum, quod de cetero solvent annuatim

cccc libras sterlingorum computatorum.... Et tunc tradite sunt civibus

omnes antique carte eorum de libertatibus suis que fuerunt in manu

Domini Regis, et concessum est eis per Dominum Regem et per Dominum

Edwardum ut eis plenarie utantur, excepto quod pro firma Civitatis et

Comitatus solvent per annum cccc libras, sicut præscriptum est.

"Tunc temporis dederunt Cives Domino Regi centum marcas sterlingorum....

Dederunt etiam Domino Edwardo Vᶜ. marcas ad expensas suas in itinere

versus Terram Sanctam." This passage is quoted in full because,

important though the transaction is, not a trace of it is to be found in

_The Historical Charters and Constitutional Documents of the City of

London_ (1884), the latest work on the subject. So, in 1284, when Edward

I., who had "taken into his hands" the town of Nottingham for some

years, restored the burgesses their liberties, it was at the price of

their _firma_ being raised from £52 to £60 a year.

[1035] _History of London_, ii. 208, 209.

[1036] A curious illustration of the fact that this _firma_ arose out of

the city and county alike is afforded by Henry III.'s charter (1253):

"quod vii libre sterlingorum per annum allocarentur Vicecomitibus in

firma eorum pro libertate ecclesiæ sancti Pauli."

[1037] This is illustrated by the subsequent prohibition of the sheriffs

themselves underletting the county at "farm" (_Liber Custumarum_, p. 91;

_Liber Albus_, p. 46).

[1038] _Rot. Pip._, 31 Hen. I., p. 2.

[1039] _Ibid._, p. 122.

[1040] _Ibid._, p. 100.

[1041] _Ibid._, p. 52.

[1042] "William de Einesford, vicecomes de Londoniâ," heads the list of

witnesses to a London agreement assigned to 1114-1130 (_Ramsey

Cartulary_, i. 139).

[1043] _Rot. Pip._, 31 Hen. I., p. 144.

[1044] Probably the mysterious "scotale" was among them (cf. Stubbs,

_Const. Hist._, i. 628).

[1045] Cf. Stubbs, _Const. Hist._, i. 410.

[1046] The ferm of Lincolnshire in 1130 was rather over £750 (£40

"numero" _plus_ £716 16_s._ 3_d._ "blanch").

[1047] We have a precisely similar illustration, ninety years later, in

the case of Carlisle. In 5 Hen. III. (1220-21) the citizens of Carlisle

obtained permission to hold their city _ad firmam_ for £60 a year

payable to the Crown direct, in the place of £52 a year payable through

the sheriff ("per vicecomitem") and his ferm of the shire (_Ninth Report

Hist. MSS._, App. i. pp. 197, 202).

[1048] _Rot. Pip._, 31 Hen. I., p. 149.

[1049] Compare Henry III.'s charter to John Gifard of Chillington,

conceding that during his lifetime he should not be made a _sheriff_,

coroner, or any other bailiff against his will (_Staffordshire

Collections_, v. [1] 158).

[1050] _History of London_, ii. 88. Compare Mr. Loftie's _London_

("Historic Towns"), p. 28: "The exact date of the charter is given by

Rymer as 1101."

[1051] Vol. iii. p. 4.

[1052] _The Charters of the City of London_ (1884), p. xiiii.: "To

engage the citizens to support his Government he conferred upon them the

advantageous privileges that are conferred in this charter."

[1053] _Const. Hist._, i. 406.

[1054] £327 3_s._ 11_d._ "blanch," _plus_ £209 6_s._ 5½_d._ "numero."

[1055] "Infinitæ copiæ pecuniam ... cum ore imperioso ab eis exegit"

(_Gesta Stephani_).

[1056] "Interpellata est et a civibus ut leges eis regis Edwardi

observare liceret, quia optimæ erant, non patris sui Henrici quia graves

erant" (_Cont. Flor. Wig._).

[1057] _London_ ("Historic Towns"), p. 38. The Master of University

similarly writes: "He [Henry II.] renewed the charter of the city of

London" (i. 90).

[1058] _England under the Angevin Kings_, ii. 471. The writer, being

only acquainted with the printed copy of the charter (_Liber

Custumarum_, ed. Riley, pp. 31, 32), had only the names of the two

witnesses there given (the Archbishop of Canterbury and the Bishop of

London) to guide her, but, fortunately, the _Liber Rubeus_ version

records all the witnesses (thirteen in number) together with the place

of testing, thus limiting the date to 1154-56, and virtually to 1155.

[1059] The omitted clauses are these: "Sciatis me concessisse civibus

meis Londoniarum, tenendum Middlesex ad firmam pro ccc libris ad

compotum, ipsis et heredibus suis, de me et heredibus meis, ita quod

ipsi cives ponent vicecomitem qualem voluerint de se ipsis, et

justitiarium qualem voluerint de se ipsis, ad custodiendum placita

coronæ meæ et eadem placitanda; et nullus alius erit justitiarius super

ipsos homines Londoniarum."

[1060] "Lond'" (_Liber Rubeus_).

[1061] "Et" omitted in _L. R._

[1062] "Portsoca" (_L. R._).

[1063] "Nullus eorum" (_L. R._).

[1064] "Duellum" (_L. R._).

[1065] "Pertinentibus" (_L. R._).

[1066] "London'" (_L. R._).

[1067] "Port'" (_L. R._).

[1068] "Regis H." (_L. R._).

[1069] "Consuetudinem" (_L. R._).

[1070] "Lond'" (_L. R._).

[1071] "Apud Lond' teneantur" (_L. R._).

[1072] Clauses 11 and 12 in the charter of Henry I. are transposed in

that of Henry II. But it is more convenient to show the transposition as

I have done in the text.

[1073] "Eas habuerunt" (_L. R._).

[1074] "Omnes sint" (_L. R._).

[1075] "Yeresgieve" (_L. R._).

[1076] "London'" (_L. R._).

[1077] The first two witnesses to that of Henry I. are given as

"episcopo Winton., Roberto filio Richer. (_sic_)." The bishop's initial

ought to be given, and the second witness is probably identical with

Robert fitz Rich_ard_. "Huberto (_sic_) regis camerario" has also a

suspicious sound. In the second charter the witnesses are given in the

_Liber Custumarum_ as "Archiepiscopo Cantuariæ, Ricardo Episcopo

Londoniarum." Here, again, the primate's initial should be given; as,

indeed, it is in the (more accurate) _Liber Rubeus_ version, where

(_vide supra_, p. 367) all the witnesses are entered.

[1078] This explanation is confirmed by examining other municipal

charters based on that of London. In them this clause always confirms

(1) "terras et tenuras," (2) "vadia," (3) "debita."

[1079] In confirmation of this view, it may be pointed out that where

this same clause occurs in charters to other towns, the words are

"vicecomes _noster_" in cases, as at Winchester, where the king retains

in his hand the appointment of reeve, but simply (as at Lincoln)

"præpositus" or (as at Northampton) "præpositus Northamtonie," where the

right to elect the reeve was also conceded.

[1080] £66 17_s._ 1_d._ "blanch" _plus_ £474 17_s._ 10½_d._ "numero."

[1081] £445 19_s._ "blanch" _plus_ £78 3_s._ 6_d._ "numero."

[1082] £181 14_s._ 5_d._ "blanch" _plus_ £335 0_s._ 7_d._ "numero."

[1083] As an example of the possibility of error, in the printed Roll of

1159 (5 Hen. II.) a town is entered on the Roll as paying "quater xx.

lv. libras et ii marcas et dim'." The explanation of this unintelligible

entry is, I may observe, as follows. The original entry evidently ran,

"quater xx et ii marcas et dim'" (82½ marcs). Over this a scribe will

have written the equivalent amount in pounds ("lv libræ") by

interlineation. Then came the modern transcriber, who with the stupidity

of a mechanical copyist brought down this interlineation into the middle

of the entry, thus converting it into sheer nonsense. We have also to

reckon with such clerical errors as the addition or omission of an "x"

or an "i," of a "bl." or a "no." Where the total to be accounted for is

stated separately, we have a means of checking the accounts. But where,

as at London, this is not so, we cannot be too careful in accepting the

details as given. See also Addenda.

[1084] _Liber Custumarum_ (Rolls Series), pp. 249-251.

[1085] "Contra Radulfum de Belphago qui tunc vicecomes erat in provincia

illa et contra Radulfum Passelewe ejusdem provinciæ justiciarium"

(_Ramsey Cart._, i. 149).

[1086] See Appendix K, on "Gervase of Cornhill."

APPENDIX Q

OSBERTUS OCTODENARII.

(See p. 170.)

The reference to this personage in the charter to the Earl of Essex is

of quite exceptional interest. He was the Osbert (or Osbern)

"Huit-deniers" (_alias_ "Octodenarii" _alias_ "Octonummi") who was a

wealthy kinsman of Becket and employed him, in his house, as a clerk

about this very time (_circ._ 1139-1142). We meet him as "Osbertus VIII.

denarii" at London in 1130 (_Rot. Pip._, 31 Hen. I.), and I have also

found him attesting a charter of Henry I., late in the reign, as

"Osberto Octodenar[ii]." Garnier[1087] tells us that the future saint—

"A soen parent vint, un riche hume Lundreis,

Ke mult ert koneiiz et de Frauns et d'Engleis,

O Osbern witdeniers, ki l'retint demaneis.

Puis fu ses escriveins, ne sais dous ans, u treis."

Another biographer writes:—

"Rursus vero Osbernus, Octonummi cognomine, vir insignis in civitate et

multarum possessionum cui carne propinquus erat detentum circa se

Thomam fere per triennium in breviandis sumptibus redditibusque suis

jugiter occupabat."[1088]

The influential position of this wealthy Londoner is dwelt on by yet

another biographer:—

"Ad quendam Lundrensem, cognatum suum, qui non solum inter concives,

verum etiam apud curiales, grandis erat nominis et honoris se

contulit."[1089]

In one of the appendices we shall detect him under the strange form

"Ottdevers"[1090] (= "Ottdeuers," a misreading for "Ottdeners")

witnessing a treaty arrangement between the Earls of Hereford and

Gloucester. This he did in his capacity of feudal tenant to the latter,

for in the Earl of Gloucester's _Carta_ (1166) of his tenants in Kent we

read: "Feodum Osberti oitdeniers i mil[item]," from which we learn that

he had held one knight's fee.[1091]

This singular _cognomen_, though savouring of the nickname period, may

have become hereditary, for we meet with a Philip Utdeners in 1223, and

with Alice and Agnes his daughters in 1233.[1092]

As I have here alluded to Becket it may be permissible to mention that

as the statements of his biographers in the matter of Osbert are

confirmed by this extraneous evidence, so have we also evidence in

charters of his residence, as "Thomas of London," in the primate's

household. To two charters of Theobald to Earls Colne Priory the first

witness is "Thoma Lond' Capellano nostro,"[1093] while an even more

interesting charter of the primate brings before us those three names,

which, says William of Canterbury, were those of his three intimates,

the first witness being Roger of Bishopsbridge, while the fourth and

fifth are John of Canterbury and Thomas of London, "clerks."[1094] Here

is abundant evidence that Becket was then known as "Thomas of London,"

as indeed Gervase of Canterbury himself implies.[1095]

[1087] _Vie de St. Thomas_ (ed. Hippeau, 1859).

[1088] Grim.

[1089] Auctor anonymus.

[1090] Its apparent dissimilarity to the "Octod'" of Geoffrey's charter

is instructive to note.

[1091] Hearne, who prints this entry, "Feodum Osberti oct. deniers i.

mil." (_Liber Niger_, ed. 1774, i. 53), makes it the occasion of an

exquisitely funny display of erudite Latinity, in which he gravely

rebukes Dugdale for his ignorance on the subject ("quid sibi velit

_denariata militis_ ignorasse videtur Dugdalius quam tamen is facile

intelliget," etc., etc.), having himself mistaken the tenant's name for

a term of land measurement.

[1092] _Bracton's Note-book_ (ed. Maitland), ii. 616; iii. 495. A

Nicholas "Treys-deners" or "Treydeners" occurs in Cornwall in the same

reign (_De Banco_, 45-46 Hen. III., Mich., No. 16, m. 62). "Penny" and

"Twopenny" are still familiar surnames among us, as is also

"Pennyfather" (? Pennyfarthing).

[1093] _Addl. MS._, 5860, fols. 221, 223 (ink).

[1094] _Cott. MSS._, Nero, C. iii. fol. 188.

[1095] "Clerico suo Thomæ Londoniensi" (i. 160).

APPENDIX R.

THE FOREST OF ESSEX.

(See pp. 92, 168, 182.)

The references to assarts and to (forest) pleas in the first and

second charters of the Empress ought to be carefully compared,

as they are of importance in many ways. They run thus respectively:—

FIRST CHARTER.

Ut ipse et omnes homines sui per totam Angliam sint quieti de Wastis

forestariis et assartis que facta sunt in feodo ipsius Gaufredi usque

ad diem quo homo meus devenit, et ut a die illo in antea omnia illa

essarta sint amodo excultibilia, et arrabilia sine forisfacto.

SECOND CHARTER.

Quod ipse et omnes homines sui habeant et lucrentur omnia essarta sua

libera et quieta de omnibus placitis facta usque ad diem qua servicio

domini mei Comitis Andegavie ac meo adhæsit.

A similar provision will be found in the charter to Aubrey de Vere. It

is evident from these special provisions that the grantees attached a

peculiar importance to this indemnity for their assarts; and it is

equally noteworthy that the Empress is careful to restrict that

indemnity to those assarts which had been made before a certain date

("facta usque ad diem quâ," etc.). This restriction should be compared

with that which similarly limited the indemnity claimed by the barons of

the Exchequer,[1096] and which has been somewhat overlooked.[1097]

Assarts are duly dealt with in the _Leges Henrici Primi_, and would form

an important part of the "placita forestæ" in his reign. It is

reasonable to presume that one of the first results of the removal of

his iron hand would be a violent reaction against the tyranny of "the

forest." Indeed, we know that Stephen was compelled to give way upon the

point. A general outburst of "assarting" would at once follow. Thus the

prospect of the return, with the Empress, of her father's forest-law

would greatly alarm the offenders who were guilty of "assarts."[1098]

But, further, the earl's fief lay away from the forest proper. Why,

then, was this concession of such importance in his eyes? We are helped

towards an answer to this question by Mr. Fisher's learned and

instructive work on _The Forest of Essex_. The facts there given, though

needing some slight correction, show us that the Crown asserted in the

reign of Henry III., that the portion of the county which had been

afforested since the accession of Henry II. had (with the exception of

the hundred of Tendring) been merely _re_afforested, having been already

"forest" at the death of Henry I., though under Stephen it had ceased to

be so. This claim, which was successfully asserted, affected more than

half the county. Now, it is singular that throughout the struggle, on

this subject, with the Crown, the true forest, that of Waltham (now

Epping), was always conceded to be "within forest." Mr. Fisher's

valuable maps show its limits clearly. It was, accordingly, tacitly

admitted by the perambulation consequent on the Charter of the Forest to

have been "forest" before 1154.

The theory suggested to me by these _data_ is this. Stephen, we know, by

his Charter of Liberties consented that all the forests created by

Henry I. should be disafforested, and retained for himself only those

which had been "forest" in the days of the first and the second William.

Under this arrangement he retained, I hold, the small true forest

(Waltham forest), but had to resign the grasp of the Crown on the

additions made to it by Henry I., which amounted to considerably more

than half the county. My view that this sweeping extension of "forest"

was the work of Henry I. is confirmed by the fact that his "forest"

policy is admittedly the most objectionable feature of his rule. Nor, I

take it, was it inspired so much by the love of sport as by the great

facilities it afforded for pecuniary exaction. In the Pipe-Roll of his

thirty-first year we find (to adapt an old saying) "forest pleas as

thick as fleas" in Essex, affording proof, moreover, that his "forest"

had extended to the extreme north-east of the Lexden hundred. Here then

again, I believe, as in so many other matters, Henry II. ignored his

predecessor, and reverted to the _status quo ante_. Nor was the claim he

revived finally set at rest, till Parliament disposed of it for ever in

the days of Charles I.

An interesting charter bearing on this subject is preserved to us by

Inspeximus.[1099] It records the restoration by Stephen to the Abbess of

Barking of all her estates afforested by Henry I.[1100] Now, this

charter, which is tested at Clarendon (perhaps the only record of

Stephen being there), is witnessed by W[illiam] Martel, A[ubrey] de Ver,

and E[ustace] fitz John. The name of this last witness[1101] dates the

charter as previous to 1138 (when he threw over Stephen), and,

virtually, to the king's departure for Normandy early in 1137.

Consequently (and this is an important point) we here have Stephen

granting, as a favour, to Barking Abbey what he had promised in his

great charter to grant universally.[1102] This confirms the charge made

by Henry of Huntingdon that he repudiated the concession he had made.

His subsequent troubles, however, must have made it difficult for him to

adhere to this policy, or check the process of assarting. His grant to

the abbess was unknown to Mr. Fisher, who records an inquest of 1292, by

which it was found that the woods of the abbess were "without the

Regard;" and the Regarders were forbidden to exercise their authority

within them.

[1096] "Ut de hiis essartis dicantur quieti, quæ fuerant _ante diem quâ

rex illustris Henricus primus rebus humanis exemptus est_" (Dialogus, i.

11). The reason for the restriction is added.

[1097] See, for instance, _The Forest of Essex_ (Fisher), p. 313.

[1098] As a matter of fact, her son's succession was marked by the

exaction of heavy sums, under this head, as shown by the extracts from

his first Pipe-Roll in the Red book of the Exchequer.

[1099] Pat. 2 Hen. VI., p. 3, m. 18.

[1100] "Reddo et concedo ecclesiæ Berchingie et Abbatissæ Adel[iciæ]

omnes boscos et terras suas ... quas Henricus Rex afforestavit, ut illas

excolat et hospitetur."

[1101] Probably present as a brother of the abbess ("Soror Pagani filii

Johannis").

[1102] "Omnes forestas quas rex Henricus superaddidit ecclesiis et regno

quietas reddo et concedo."

APPENDIX S.

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

(See p. 176.)

The document which is printed below is unknown, it would seem, to

historians. It is of a very singular and, in many ways, of a most

instructive character. The fact that Earl Miles is one of the

contracting parties dates the document as belonging to the period

between his creation (July 25, 1141) and his death (December 24, 1143).

Further, the fact that the treaty provides for the surrender by him to

the Earl of Gloucester of one of his sons as a hostage, taken with the

fact that the Earl of Gloucester is recorded (_supra_, p. 196) to have

demanded from his leading supporters their sons as hostages when he left

England for Normandy, creates an extremely strong presumption that this

document should be assigned to that occasion (June, 1142). It is here

printed from a transcript by Dugdale, which I found among his MSS. The

absence of any provision defining the services to be rendered by Earl

Miles suggests that this portion of the treaty is omitted in the

transcript. There is, I think, just a chance that the original may yet

be discovered among the public records, for they fortunately contain a

similar treaty between the sons and successors of the two contracting

parties.[1103] It may be, however, that the original is the document

referred to by Dugdale (_Baronage_, i. 537) as "penes Joh. Philipot

Somerset Heraldum anno 1640." The close resemblance between the later

document[1103] and that which I here print confirms the authenticity of

the latter, and is, it will be seen, illustrated by the wording of the

opening clauses:—

Noscant omnes hanc esse confederationem amoris inter Robertum Comitem

Gloecestrie et Milonem Comitem Herefordie.

Hæc est confederatio amoris inter Willelmum Comitem Gloec[estrie] et

Rogerum comitem Herefordie.

We have also the noteworthy coincidence that Richard de St. Quintin and

Hugh de Hese, who are here hostages respectively for the Earls of

Gloucester and Hereford, figure again in the later document as hostages

for the earls' successors.[1104]

Another document with which this treaty should be carefully compared is

the remarkable agreement, in the same reign, between the Earls of

Chester and of Leicester,[1105] though this latter suggests by its

title—"Hæc est conventio ... et finalis pax et concordia," etc.—the

settlement of a strife between them rather than a friendly alliance. I

see in it, indeed, the intervention, if not the arbitration, of the

Church.

Both these alliances, again, should be compared, for their form, with

the treaty between Henry I. and Count Robert of Flanders.[1106] Although

a generation earlier than the document here printed, the parallels are

very striking:—

Robertus, Comes Flandriæ, fide et sacramento assecuravit Regi Henrico

vitam suam et membra quæ corpori suo pertinent ... et quod juvabit eum,

etc.

Porro Comitissa affidavit, quod, quantum poterit, Comitem in hac

conventione tenebit, et in amicitia regis, et in prædicto servitio

fideliter per amorem.

Hujus conventionis tenendæ ex parte Comitis obsides sunt subscripti....

Quod si Comes ab hac conventione exierit et ... infra XL dies emendare

noluerit, etc.

Robertus, Comes Gloecestrie assecuravit Milonem Comitem Herefordie fide

et sacramento, ut custodiet illi pro toto posse suo et sine ingenio

suam vitam et suum membrum ... et auxiliabitur illi, etc.

Et in hac ipsa confederatione amoris, affidavit Comitissa Gloecestrie

quod suum dominum in hoc amore erga Milonem Comitem Hereford pro posse

suo tenebit.

Et de hac conventione tenendâ ex parte Comitis Gloecestrie sunt hii

obsides, etc.... Quod si Comes Gloecestrie de hac conventione

exiret.... Et si infra XL dies se nollet erga Comitem Herefordie

erigere, etc.

THE TREATY.

Noscant omnes hanc esse confederationem amoris inter Robertum Comitem

Gloecestrie et Milonem Comitem Herefordie, Robertus Comes Gloecestrie

assecuravit Milonem Comitem Herefordie fide et sacramento ut custodiet

illi pro toto posse suo et sine ingenio suam vitam et suum membrum et

terrenum suum honorem, et auxiliabitur illi ad custodiendum sua castella

et sua recta et sua hereditaria et sua tenementa et sua conquisita quæ

modo habet et quæ faciet, et suas consuetudines et rectitudines et suas

libertates in bosco et in plano et aquis, et quod sua hereditaria quæ

modo non habet auxiliabitur ad conquirendum. Et si aliquis vellet inde

Comiti Hereford malum facere, vel de aliquo decrescere, si comes

Hereford vellet inde guerrare, quod Robertus comes Gloecestrie cum illo

se teneret, et quod ad suum posse illi auxiliaretur per fidem et sine

ingenio, nec pacem neque treuias cum illis haberet qui malum comiti

Herefordiæ inferret, nisi per bonum velle et grantam (_sic_) Comitis

Herefordiæ, et nominatim de hac guerra quæ modo est inter Imperatricem

et Regem Stephanum se cum comite Hereford tenebit et ad unum opus erit,

et de omnibus aliis guerris.

Et in hac ipsa confederatione amoris affidavit Comitissa Gloecestrie

quod suum dominum in hoc amore erga Milonem Comitem Hereford pro posse

suo tenebit. Et si inde exiret, ad suum posse illum ad hoc reponeret. Et

si non posset, legalem recordationem, si opus esset, inde faceret ad

suum scire.

Et de hac conventione firmiter tenendâ ex parte Comitis Gloecestrie sunt

hii obsides per fidem et sacramentum erga Comitem Hereford: hoc modo,

quod si comes Gloecestrie de hac conventione exiret, dominum suum

Comitem Gloecestrie requirerent ut se erga Comitem Herefordiæ erigeret.

Et si infra xl dies se nollet erga Comitem Herefordie erigere, se Comiti

Herefordie liberarent, ad faciendum de illis suum velle, vel ad illos

retinendum in suo servitio donec illos quietos clamaret vel ad illos

ponendos ad legalem redemptionem ita ne terrâ [? terram] perderent. Et

quod legalem recordationem de hac conventione facerent si opus esset,

Guefridus de Waltervill, Ricardus de Greinvill,[1107] Osbernus

Ottdevers,[1108] Reinald de Cahagnis,[1109] Hubertus Dapifer, Odo

Sorus,[1110] Gislebertus de Umfravil,[1111] Ricardus de Sancto

Quintino.[1112]

Et ex parte Milonis Comitis Hereford ad istud confirmandum concessit

Milo Comes Hereford Roberto Comiti Gloecestrie Mathielum filium suum

tenendum in obsidem donec guerra inter Imperatricem et Regem Stephanum

et Henricum filium Imperatricis finiatur.

Et interim si Milo Comes Hereford voluerit aliquem alium de suis filiis,

qui sanus sit, in loco Mathieli filii sui ponere, recipietur.

Et postquam guerra finita fuerit et Robertus Comes Gloecestrie et Milo

Comes Hereford terras suas et sua recta rehabuerint reddet Robertus

Comes Gloecestrie Miloni Comiti Herefordie filium suum. Et hinc de

probis hominibus utriusque comitis considerabuntur et capientur obsides

et securitates de amore ipsorum comitum tenendo imperpetuum.

Et de hac conventione amoris Rogerus filius Comitis Hereford affidavit

et juravit Comiti Gloecestrie quod patrem suum pro posse suo tenebit; Et

si Comes Hereford inde vellet exire, Rogerus filius suus, inde illum

requireret et inde illum corrigeret. Et si Comes Hereford se inde

erigere nollet, servicium ipsius Rogeri filii sui prorsus perdet, donec

se erga Comitem Gloecestrie erexisset.

Et de hac conventione ex parte Comitis Hereford sunt hii sui homines

obsides erga Comitem Gloecestrie et per sacramenta; hoc modo, quod si

Comes Hereford de hac conventione exiret, dominum suum Comitem Hereford

requirerent ut se erga Comitem Gloecestrie erigeret. Et si infra xl dies

se nollet erga Comitem Gloecestrie erigere se Comiti Gloecestrie

liberarent ad faciendum de illis suum velle, vel ad illos retinendum in

suo servicio donec illos quietos clamaret, vel ad illos ponendos ad

legalem redemptionem, ita ne terram perdent. Et quod legalem

recordationem de hac conventione in Curia facerent si opus esset,

Robertus Corbet, Willelmus Mansel, Hugo de la Hese.

[1103] Duchy of Lancaster: Ancient Charters, Box A. No. 4 (_Thirty-Fifth

Report of Deputy Keeper_ (1874), p. 2).

[1104] A somewhat similar treaty to this may be hinted at in the

statement that Roger de Berkeley was connected with Walter de Gloucester

"amicitia et alternæ pacis fœdere sibi astrictum" (_Gesta Stephani_).

[1105] _Cott. MS._, Nero, C. iii. fol. 178.

[1106] Printed in Hearne's _Liber Niger_ (i. 16-23).

[1107] Richard de Greinvill appears in 1166 as the _late_ holder of

seven knights' fees from the earl (_Liber Niger_).

[1108] Osbern Ottdevers (_i.e._ Ottde_n_ers) was Osbern Octodenarii,

_alias_ Octonummi (see Appendix Q). He appears in 1166 as the _late_

tenant of one knight's fee from the earl _in Kent_ (_ibid._).

[1109] Philip "de Chahaines" appears as a tenant of the earl in 1166

(_ibid._).

[1110] An Odo Sorus is alleged to have accompanied Robert fitz Hamon

into Wales. Jordan Sorus was the largest tenant of the earl in 1166,

holding fifteen knights' fees from him (_Liber Niger_). His predecessor,

Robert Sorus, had held of the fief under Robert fitz Hamon _circ._ 1107

(_Cart. Abingdon_, ii. 96, 106).

[1111] Gilbert de Umfravill held nine knights' fees from the earl in

1166 (_Liber Niger_).

[1112] Richard de St. Quintin held ten knights' fees from the earl in

1166 (_ibid._). His family had been tenants of the fief even under

Robert fitz Hamon (_Cart. Abingdon_, ii. 96, 106).

APPENDIX T.

"AFFIDATIO IN MANU."

(See p. 177.)

"Hanc autem ... affidavi manu mea propria in manu ipsius Comitis

Gaufredi." This formula ("affidavi ... in manu") is deserving of careful

study. It ought to be compared with a passage in the _Chronicle of

Abingdon_ (ii. 160), describing how, some quarter of a century before,

in the assembled county court (_comitatus_) of Berkshire, the delegate

of the abbey, "pro ecclesiâ affidavit fidem in manu ipsius vicecomitis,

vidente toto comitatu." This was a case of "affidatio" by proxy; but in

the above charter we find Geoffrey stipulating for "affidatio" in person

("propria manu") by the Empress, her husband, and her son. Accordingly,

when the young Henry confirms his mother's charter to Aubrey de Vere

(see p. 186), he does so "manu mea propria in manu Hugonis de Inga,

sicut mater mea Imperatrix affidavit in manu Comitis Gaufredi." Thus

Geoffrey allowed himself the privilege, which he refused to the other

contracting party, of "affidatio" by proxy, and made Hugh de Ing his

delegate for the purpose.

A curious allusion to this practice is found in the words of Ranulf

Flambard some half a century earlier, when he promises the captor in

whose power he was to grant him all that he can ask, "et ne discredas

promissis, ecce _manu affirmo_ quod polliceor."—Continuatio Historiæ

Turgoti (_Anglia Sacra_, i. 707). The formula was probably of great

antiquity. It occurs in the lifetime of Archbishop Oswald (died 992),

who obtained a lease for life on behalf of a certain Wulfric, of the

provisions in which we read: "Hoc totum idem Wlfricus, sub oculis

multorum qui aderant, _in manu_ viri Dei qui pro eo intercessor

accesserat _affidavit_" (_Chron. Ram._, p. 81). It is found, however, as

late as 1187, when at the foundation of Dodnash Priory the canons

"juraverunt et fidem _in manu nostra_ corporaliter ... firmaverunt,"

says the bishop (_Ancient Charters_, p. 88). Another late instance is

found in the _Burton Cartulary_ (fol. 33), where Robert fitz Walter,

that his grant "inconcussum permaneat, in toto comitatu, multis

cementibus qui se ipsos testes concesserunt, in manu Vicecomitis

Serlonis manu meâ hoc tenendum et servandum affidavi." So also in the

Pipe-Roll of 3 John we find recorded a lease, "et quod ipse Micael et

Everardus frater suus affidaverunt in manu H. Cantuarensis Arch. hanc

Conventionem fideliter tenendam" (Rot. 6 _b_). An instance, in 1159, may

be quoted from the _Cartulary of St. Michael on the Mount_ because of

its curious legal bearing. Robert de Belvoir mortgages to the abbey

lands which he had settled on his wife in dower, and, in order to bar

her claim, she, _by her brother_, guarantees the transaction by

"affidatio in manu" to the abbot's delegate.[1113] This arrangement

should be compared with that which is discussed in my _Ancient

Charters_, pp. 22, 23.[1114] Perhaps, however, the most singular case is

one which I noted in the _Cartulary_ (MS.) _of Rievaulx_, and which

is also of the reign of Henry II. A widow grants lands to that abbey,

"et illam donationem tenendam et fideliter observandam manu propria

affidavit in manu Vicecomitissæ, vid. Bert[æ] uxoris vicecomitis Ranulfi

de Glanvill[a]."[1115] The conjunction here of the two women, the

presence of the great Glanville himself, and the part played by his

wife, together with the title assigned her, all combine to render the

transaction one of unusual interest.

It was by this formal and binding pledge that the leaders of the English

host swore to one another to do or die on the field of the Battle of the

Standard. Turning to William of Aumâle, and placing his hand in his,

Walter Espec pledged his faith that he would conquer or be slain; and

his fellow-commanders did the same."[1116] It was, again, by this solemn

pledge, towards the close of Stephen's reign, that the Bishop of

Winchester, before his brother prelates, covenanted to surrender

Winchester to the duke at the king's death[1117]—even as the duke

himself had covenanted (April 9, 1152) with the Bishop of Salisbury

concerning Devizes Castle[1118]—in terms to be closely compared with

those of his charter to Aubrey, and his mother's to Earl Geoffrey in

1142.

The practice is, I find, alluded to, incidentally, by Giraldus

Cambrensis, who tells us that the Welsh "Adeo fidei fœdus, aliis

inviolabile gentibus, parvipendere solent, ut non in seriis solum et

necessariis, verum in ludicris, omnique fere verbo firmando, _dextræ

manus ut mos est porrectione, signo usuali dato_, fidem gratis effundere

consueverint." Here the point of the complaint is that they made light

of this solemn practice, indulging in it freely on every occasion

instead of reserving it for important matters. The existence of this

archaic "fidei fœdus" as the _formal confirmation_ of a contract is, of

course, of the greatest interest. It still lingers on, not only with us,

but abroad. In San Marino (Italy), for instance, "sales are conducted

with much animation. Two sturdy proprietors stand back to back.... A

third party stands between the two; ... he pulls one by the shoulder,

the other by an elbow, and finally by an apparently acrobatic feat _he

unites their hands_" ("A Political Survival," _Macmillan's_, January,

1891, p. 197). In the Lebanon, we are told by a well-informed writer: "A

few months ago I had occasion to enter into a business contract with one

of my Druse farmers. When we were about to draw up the agreement, the

Druse suggested that, as he could neither read nor write, we should

ratify the bargain in the manner customary among his people. This

consists of a solemn grasping of hands together in the presence of two

or three other Druses as witnesses, whilst the agreement is recited by

both parties.... Accordingly, the farmer brought three of his neighbours

to me; and the terms of our contract having been made known to them, one

of them took the right hand of each of us and joined them together,

whilst he dictated to us what to say after him" ("The Druses,"

_Blackwood's_, January, 1891, pp. 754, 755). With us, Gerald would be

grieved to hear, the ancient form survives not only for the bargain but

the bet, though it only continues in full vigour as the sign of the

marriage contract, where "the minister ... shall cause the man with his

right hand to take the woman by her right hand, and to say after him as

followeth,"—even as the Druses, we have seen, make their contracts

to-day, and as the Empress Maud sealed her own seven centuries

ago.[1119]

The allusion by the Empress to the "Christianitas Angliæ" refers

doubtless to the fact that the breach of such "affidatio" would

constitute a "læsio fidei," and would thus become a matter for the

jurisdiction of the courts Christian. It was indeed on this plea that

these courts claimed to attract to themselves all cases of contract, a

claim against which, it is necessary to explain, an article (No. 15) of

the Constitutions of Clarendon (1164) was specially directed.[1120]

[1113] "Invadiavit Rotbertus de Belueer pro sex libris Cenomannensium,

terram suam quam dederat uxori sue in dotem, ipsa bene hoc concedente,

Philippo fratri insuper fide sua in manu Johannis filii Bigoti illud

idem sororem suam tenere assecurante" (fol. 116).

[1114] Ed. Pipe-Roll Society.

[1115] "Hiis testibus, Ranulfo vicecomite, Bertha vicecomitissâ, Matilda

filia ejus."

[1116] "Hæc dicens vertit se ad comitem Albemarlensem, dataque dextera,

'Do,' inquit, 'fidem quia hodie aut vincam Scottos aut occidar a

Scottis.' Quo similiter voto cuncti se proceres constrixerunt" (Æthelred

of Rievaulx).

[1117] "Episcopus Wintonie in manu archiepiscopi Cantuarensis coram

episcopis affidavit quod si ego decederem castra Wintonie ... Duci

redderet."

[1118] "Hunc supradictam conventionem ... affidavit idem Comes (_sic_)

in manu domini Cantuarensis archiepiscopi ... sine malo ingenio

tenendam; et cum eo Comes Gloucestrie.... Similiter et dominus episcopus

Sarum affidavit in manu ejusdem Legati," etc. (_Sarum Charters and

Documents_, pp. 22, 23).

[1119] Compare the old English term "Handfasting." The law in Austria,

it is said, still recognizes the clasping of hands as a formal contract.

[1120] "Placita de debitis, quæ _fide interposita_ debentur, ... sint in

justitia regis."

APPENDIX U.

THE FAMILIES OF MANDEVILLE AND DE VERE.

(See p. 178.)

The confusion on the pedigree and relationship of these two families is

due, in the first place, to the fact that, for several generations, the

successive heads of the family of De Vere were all named Aubrey

("Albericus"); and in the second, to a chronicle of Walden Abbey, which

proves as inaccurate as to the marriage of its founder as it is on the

date of his creation.[1121] Dugdale, accepting all its statements

without the slightest hesitation, has combined in a single passage no

less than three errors, together with the means for their

detection.[1122] Among these is the statement that Geoffrey's wife was a

daughter of Aubrey de Vere, "Earl of Oxford."[1123] Accordingly, she so

figures in Dugdale's tabular pedigree, and the same error has now

reappeared in Mr. Doyle's _Official Baronage_.[1124] Oddly enough, in

his account of the De Veres, a few pages before, Dugdale makes

Geoffrey's wife daughter not of the Earl of Oxford, but of his

grandfather Aubrey,[1125] and so enters her in the tabular

pedigree.[1126] And yet she was, in truth, daughter neither of the earl

nor of his grandfather, but of his father, the chamberlain.[1127] To

establish this will now be my task.

Between the Aubrey de Vere of Domesday and the Aubrey de Vere "senior"

of the _Cartulary of Abingdon Abbey_, about twenty years are interposed.

Their identity, therefore, is not actually proved, though the

presumption, of course, is in its favour. But from the time of the

latter Aubrey all is clear. The descent that we obtain from the Abingdon

Cartulary is as follows:—

Aubrey = Beatrice,

de Vere, |

"senior." |

|

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

| | | | |

Geoffrey Aubrey de Roger de Robert de William

(or Godfrey), Vere, Vere. Vere. de Vere,

ob. v. p. at "junior" died soon

Abingdon. (afterwards after his

"camerarius father.

Regis"),

d. 1141.

Our next source of information is the _Cartulary of Colne Priory_,[1128]

in combination with an invaluable tract, _De miraculis S. Osythæ_,

composed by William de Vere, a brother of the first earl, and a canon of

St. Osyth's Priory, Essex. Dugdale was acquainted with both documents,

but lost the full force of the latter by failing to identify its author.

He gives us as sons to Aubrey the chamberlain, and brothers to Aubrey

the first earl, (_a_) William de Vere, (_b_) —— de Vere, canon of St.

Osyth's. The identity of the two is proved, first, by a charter of

Aubrey the chamberlain, in which he speaks of his "reverend" son

William;[1129] secondly, by a charter of Aubrey the earl, witnessed by

his brother William, "presbyter;"[1130] thirdly, by the charter from the

Empress to the earl, in which she provides for all his brothers, the

chancellorship, a clerical post, being promised to William.[1131] We may

further assert of this tract that it must have been written after 1163,

for the canon tells us that his mother has spent her twenty-two years of

widowhood at St. Osyth, and her husband had been killed in 1141.[1132]

In it he refers to his father the chamberlain,[1133] as "justitiarius

totius Angliæ." To this we may trace Dugdale's assertion that he held

that high office, a statement which exercised the mind of Foss, who

complains that "it is difficult to tell on what authority" he is

introduced among its holders both by Dugdale and Spelman.[1134] He

further speaks of his mother as "Adeliza," daughter of Gilbert de Clare,

and exults in the fact that she has spent her widowhood, not in the

family priory at Colne, but in that of his own St. Osyth. He refers also

to his sister "Adeliza de Essexâ filia Alberici de Vere et Adelizæ."

Now, we have abundant evidence that "Adeliza de Essex" was sister to the

Countess Rohese, wife of Geoffrey de Mandeville, and was aunt to their

sons, Earls of Essex.[1135] Accordingly, we find the Countess Rohese

giving a rent-charge to Colne Priory for the souls of her father, Aubrey

de Vere, and her husband, Earl Geoffrey, and we also find her son, Earl

William, confirming the charter "avi mei Alberici de Vere."[1136] It is

quite clear that the Countess Rohese, wife of Geoffrey de Mandeville,

first Earl of Essex, was sister of Alice "de Essex," and daughter of

Aubrey de Vere the chamberlain, by his wife Alice, daughter of Gilbert

de Clare.

But who was Alice "de Essex"? We must turn, for an answer to this

question, to the _Chronicle of Walden Abbey_. There we shall find that

she married twice, and left issue by both husbands. Her first husband

was Robert de Essex[1137]; her second was Roger fitz Richard, of

Clavering, Essex, and Warkworth, Northumberland, ancestor of the

Claverings. Now, "Robert de Essex" was a well-known man, being son and

heir of Swegen de Essex, Sheriff of Essex under William the Conqueror,

and grandson of Robert "fitz Wimarc," a favourite of the Confessor,

under whom he, too, was Sheriff of Essex. The descent is proved, in a

conclusive manner, by the description of the second Robert among the

benefactors to Lewes Priory, in one place as Robert fitz Suein, and in

another as Robert de Essex.[1138] Robert had founded Prittlewell Priory

as a cell to Lewes, "Alberico de Ver et Roberto fratre ejus" attesting

the foundation charter.[1139] Robert's son and heir was the well-known

Henry de Essex.[1140] So far all is clear. But, unfortunately, it is

certain that Robert de Essex left a widow, Gunnor—a Bigod by birth—who

was mother of his son Henry. Therefore "Alice of Essex" cannot have been

his widow. Consequently she must have been the widow of another Robert

de Essex, possibly a younger son of his, who held Clavering from his

elder brother Henry. In any case, by her second husband, Roger fitz

Richard, Alice was mother of Robert fitz Roger (of Clavering).

We are now in a position to construct an authentic tabular pedigree,

showing the relationship that existed between the families of Mandeville

and De Vere.

William de Aubrey = Alice

Mandeville. de Vere, | de Clare,

| created Great | dau. of

| Chamberlain | Gilbert de

| 1133, | Clare,

| died 1141. | died _circ._

| | 1163.

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

| | |

William = Beatrice de (1) Geoffrey de = Rohese = (2) Payn de

de Say. | Mandeville. Mandeville, | de Vere, | Beauchamp,

| 1ST EARL OF | said to | of Bedford.

| ESSEX, d. 1144. | have died |

| | 1207. |

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

| | | | |

William Geoffrey Geoffrey de William de Simon de

de Say, de Say. Mandeville, Mandeville, Beauchamp.

ancestor of | 2ND EARL OF 3RD EARL OF |

Fitz Piers, | ESSEX, ESSEX, |

Earls of | d. 1166. d. 1189. |

Essex. | |

| | |

| | |

↓ ↓ ↓

Arms. Arms. Arms.

"_Quarterly, "_Quarterly, "_Quarterly,

or and or and or and gules_,

gules._" gules._" a bend."

Aubrey = Alice

de Vere, | de Clare,

created Great | dau. of

Chamberlain | Gilbert de

1133, | Clare,

died 1141. | died _circ._

| 1163.

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

| |

(1) Robert = Alice = (2) Roger fitz Aubrey de

de Essex. de Vere. | Richard of Vere,

| Warkworth. 1ST EARL OF

| OXFORD.

| |

| |

| |

Robert fitz Aubrey

Roger of de Vere,

Clavering 2ND EARL OF

and OXFORD.

Warkworth. |

| |

| |

| |

↓ ↓

Arms. Arms.

"_Quarterly, _Quarterly, gu._

or and gules_, and or_, a

a bend sable." mullet argent

in the first

quarter.

It should be observed that this pedigree is not intended to show all the

children. It gives those only which are required for our special

purpose. On some points there is still need of more original

information. No doubt Beatrice, wife of William de Say, was sister, and

not daughter, to Geoffrey de Mandeville. I know of nothing to the

contrary. Still the fact would seem to rest on the authority of the

_Walden Chronicle_. The re-marriage of the Countess of Essex to Payn de

Beauchamp, and her parentage, by him, of Simon, are both well

established, but the date of her death is taken from the _Chronicle_,

and seems suspiciously late. So also does that which is assigned to her

brother, the Earl of Oxford, namely, 1194, fifty-two years after the

charter of the Empress. Still, the fact that his mother survived her

husband for twenty-two years implies that her children may have been

comparatively young at his death. Both Aubrey and Rohese may therefore

have been several years junior to Geoffrey de Mandeville.

But the main point has been, in any case, established, namely, the true

relationship of these baronial houses. That which is given by Dugdale

contains the further error of representing Alice de Vere as wife, not of

Robert de Essex, but of Henry. Mr. W. S. Ellis, in his _Antiquities of

Heraldry_ (p. 210), observes with truth that, as to this relationship,

the existing "accounts ... are conflicting, and that of Dugdale

contradictory." But I cannot admit that his own version is "correct, or

approximately so;" for while, with Dugdale, he errs in assigning to

Alice de Vere Henry de Essex for husband, he transforms Roger fitz

Richard, whom Dugdale had, rightly, given as her second husband, into

her son-in-law.[1141]

My reason for alluding to this passage is that, after I had worked out

the heraldic corollaries of this descent in their bearing on the

adoption of coat-armour, I found that I had been anticipated in this

investigation by the author of that scholarly work, _The Antiquities of

Heraldry_. As the conclusions, however, at which I had arrived differ

slightly from those of Mr. Ellis, it may be worth while to set them

forth.

Mr. Ellis writes thus of "the simple QUARTERLY shield":—

"There can be little doubt that the source of this honoured armorial

ensign is to be found in the distinguished family of DE VERE, as all

the families in the table who bear it are descended from the head of

that house who lived at the commencement of the twelfth century."[1142]

I should differ with no slight hesitation from so ably argued and

erudite a work, were it not that, in this case, its conclusions are

based on a false premiss. Thus we read, further on:—

"Which was the original bearer of the quarterly coat of De Vere? Was it

Say, or Mandeville, or Lacy, or Beauchamp, or was it De Vere, from whom

all, or their wives were descended?"[1143]

Now, "the table" given by the writer himself (p. 210) disproves this

statement, for it rightly shows us Say as descended from Mandeville, but

_not_ descended from De Vere. It is, therefore, shown by his own "table"

that this _must_ have been a case of the "collateral adoption" of arms,

the very practice against which he here strenuously argues.[1144] Thus

the very case he adduces against the existence of the practice is itself

proof absolute that the practice did exist. I am compelled to emphasize

this point because it is the pivot on which the question turns. If "all

the families in the table" who bore the quarterly coat were indeed

descended from De Vere, Mr. Ellis's theory would account for the facts.

But, by his own showing, they were not. Some other explanation must

therefore be sought.

That which had originally occurred to myself, and to which I am still

compelled to adhere, is that "the original bearer" of this quarterly

coat was the central figure of this family group, Geoffrey de Mandeville

himself. It being, as I have shown, absolutely clear that there must

have been collateral adoption, the only question that remains to be

decided is from which of the two family stems, Mandeville or De Vere,

was the coat adopted? My first reason for selecting the former is that

the first Earl of Essex was far and away, at the time, the greatest

personage of the group. Aubrey de Vere figures, at Oxford, as his

dependant rather than as his equal. On this ground, then, it seems to me

far more probable that Aubrey should have adopted his arms from Geoffrey

than that Geoffrey should have adopted his from Aubrey. The second

reason is this. Science and analogy point to the fact that the simplest

form of the coat is, of necessity, the most original. Now, the simplest

form of this coat, its only "undifferenced" variety, is that borne by

the Earls of Essex. We do not obtain recorded blazons till the reign of

Henry III., but when we do, it is as "quartele de or & de goulez" that

the coat of the Earl of Essex, the namesake of Geoffrey de Mandeville,

first meets us.[1145] But all the descendants of De Vere, it would seem,

bear this coat "differenced," that of De Vere itself being charged with

a mullet in the first quarter, the tinctures also (perhaps for

distinction) being in this case reversed.[1146] Thus heraldry, as well

as genealogy, favours the claim of Mandeville as the original bearer of

the coat.

It has been generally asserted in works on Heraldry that Geoffrey de

Mandeville added an escarbuncle to his simple paternal coat, and that it

is still to be seen on the shield of his effigy among the monuments at

the Temple Church. But antiquaries have now abandoned the belief that

this is indeed his effigy, and the original statement is taken only from

that _Chronicle of Walden_ which is in error in its statements on his

foundation, on his creation, on his marriage, and on his death. Nor is

there a trace of such a charge on the shields of any of his heirs.[1147]

But the consequences of the theory here laid down have yet to be

considered. A little thought will soon show that no hypothesis can

possibly explain the adoption of the quarterly coat by these various

families at any other period than this in which they all intermarried.

If we wish to trace to its origin such a surname as Fitz-Walter, we must

go back to some ancestor who had a Walter for his father. So with

derivative coats-of-arms. By Mr. Ellis's fundamental principle we ought

to find the house of De Vere imparting its coat, for successive

generations, to those families who were privileged to ally themselves to

it. Yet we can only trace this principle at work in this particular

generation. If Mandeville, and Mandeville's kin, adopted, as he holds,

the coat of De Vere, why should not De Vere, in the previous generation,

have adopted that of Clare? Nothing, in short, can account for the

phenomena except the hypothesis that these quarterly coats all

originated in this generation and in consequence of these

intermarriages. The quarterly coat of the great earl would be adopted by

his sister's husband De Say, and by his wife's brother De Vere, and by

those other relatives shown in the pedigree. Once adopted they remain,

till they meet us in the recorded blazons of the reign of Henry III.

The natural inference from this conclusion is that the reign of Stephen

was the period in which heraldic bearings were assuming a definite form.

Most heralds would place it later: Mr. Ellis would have us believe that

we ought to place it earlier. The question has been long and keenly

discussed, and, as with surnames, we may not be able to give with

certainty the date at which they became generally fixed. But, at any

rate, in this typical case, the facts admit of one explanation and of

one alone.

If, as I take it, heraldic coats were mainly intended (as at Evesham) to

distinguish their bearers in the field, it is not improbable that these

kindred coats may represent the alliance of their bearers, as typified

in the Oxford charters, beneath the banner of the Earl of Essex.[1148]

[1121] See p. 45.

[1122] _Baronage_, i. 203 _b_.

[1123] _Ibid._, i. 201.

[1124] "m. Rohaise, d. of Aubrey de Vere, (afterwards) Earl of Oxford"

(i. 682).

[1125] _Baronage_, i. 188 _b_.

[1126] _Ibid._, 189.

[1127] Strange to say, Dugdale gives also this third (and right) version

(_ibid._, i. 463 _a_).

[1128] In Cole's transcript (British Museum).

[1129] _Ibid._, No. 31.

[1130] _Ibid._, No. 43.

[1131] See p. 182.

[1132] It would seem clear that this William must have been the "Dominus

Willelmus de Ver" to whom Dr. Stubbs alludes as the "early friend and

fellow-student," at the University of Paris, of Arnulf, Bishop of

Lisieux, and of the celebrated Ralf "de Diceto" (who may have been born,

Dr. Stubbs suggests, about 1122). Bishop Arnulf, asking Ralf to come

over and pay him a visit, tells him that William de Ver has promised to

come too (see preface to _Radulfus de Diceto_, pp. xxxii., _note_,

liv.). But some difficulty is caused by his appearing as a canon, not of

St. Osyth's, but of St. Paul's, in 1162 and later (_Ninth Report

Historical MSS._, App. i. pp. 19 _a_, 32 _a_). It would seem to have

been the latter William de Ver who became Bishop of Hereford in 1185,

and died 1199.

[1133] He had received the "Cameraria Angliæ" from Henry I., in a

charter which must have passed on the occasion of the king leaving

England for the last time in 1133. Madox has printed the charter (which

has a valuable list of witnesses) in his _Baronia Anglica_, from

Dugdale's transcript.

[1134] _Judges of England_, i. 89.

[1135] Thus the _Chronicle of Walden Abbey_ (_Arundel MSS._) relates

that at the death of Geoffrey, Earl of Essex, in 1166, his mother was

living at her Priory of Chicksand, with her sister "Adeliza" of Essex.

On the succession of his brother William, "Alicia de Essexia" came to

Walden Abbey "ordinante comite Willelmo ejus nepote," and settled and

died there (_ibid._, cap. 18). But the most important evidence is a

charter of this same Earl William, abstracted in _Lansdowne MSS._, 259,

fol. 67, granting to "Adelicia of Essex," his mother's sister, the town

of Aynho in free dower over and above the dower she had received from

Roger fitz Richard, her lord. This charter is witnessed by his mother,

"Roesia Comitissa;" Simon de Beauchamp, his uterine brother; Geoffrey de

Ver and William de Ver, his uncles; Ranulf Glanville, and Geoffrey de

Say, who was his cousin. He had previously granted Aynho (? in 1170) to

Roger fitz Richard in exchange for Compton (co. Warwick), his charter

being witnessed _inter alios_ by John (de Lacy), the constable of

Chester (see p. 392 _n._), Ranulf de Glanville, and Geoffrey de Say (see

my paper on "A Charter of William, Earl of Essex," in _Eng. Hist.

Review_, April, 1891).

[1136] _Colne Cartulary_, Nos. 51, 54.

[1137] "Domino suo primo marito Roberto scilicet de Essexiâ" (_Walden

Abbey Chronicle_). Dugdale makes her, in error, the wife of Henry de

Essex.

[1138] This descent has not hitherto been established, and Mr. Freeman

speaks of Swegen of Essex as "father or grandfather of Henry de Essex."

[1139] He appears in the charters of this priory as "Robertus filius

Suein" and as "Robertus de Essex filius Suein."

Geoffrey de Mandeville: A study of the Anarchy · 第 12 / 14 章