Charter of the Empress to Aubrey de Vere (1142).
M. Imp'atrix H. Regis filia et Anglorum Domina Archiepiscopis Episcopis Abbatibus Comitibus Baronibus Justiciariis Vicecomitibus ministris et omnibus fidelibus suis Francis et Anglis totius Angliæ salutem. Sciatis me reddidisse et concessisse Comiti Alberico omnes terras et tenementa sua, sicut pater eius Albericus de Veer tenuit, die quâ fuit vivus et mortuus, videlicet, in terris, in feodis, in firmis, in ministeriis, in vadiis, in empcionibus, et hæreditatibus. Et nominatim Camerariam Angliæ sicut Albericus de Veer pater eius vel Robertus Malet vel aliquis Antecessorum suorum eam melius vel liberius tenuit cum omnibus consuetudinibus et libertatibus quæ ad ea pertinent sicut alia Carta mea quam inde habuit testatur. Et do et concedo ei totam terram Willelmi de Albrincis sine placito pro seruicio suo, simul cum hæreditate et iure quod clamat ex parte uxoris sue sicut umquam Willelmus de Archis[566] ea melius tenuit. Et turrim et Castellum de Colecestr' sine placito finaliter et sine escampa[567] quam citius ei deliberare potero. Et omnes tenuras suas de quocunque eas teneat in omnibus rebus sicut Carta sua alia quam inde habuit testatur. Et preter hoc do ei et concedo quod sit Comes de Cantebruggescr' et habeat inde tertium denarium sicut Comes debet habere, ita dico si Rex Scotiæ non habet illum Comitatum. Et si Rex habuerit perquiram illum ei ad posse meum per escambium. Et si non potero tunc do ei et concedo quod sit Comes de quolibet quatuor Comitatuum subscriptorum, videlicet Oxenefordscira, Berkscira, Wiltescira, et Dorsetscira per consilium et consideracionem Comitis Gloecestrie fratris mei et Comitis Gaufridi et Comitis Gisleberti et teneat Comitatum suum cum omnibus illis rebus que ad comitatum suum pertineat ita bene et in pace et libere et quiete et honorifice et plenarie sicut unquam aliquis Comes melius vel liberius tenuit vel tenet comitatum suum. Concedo etiam ei in feodo et hæreditate seruicium Willelmi de Helion,[568] videlicet decem militum ut ipse Willelmus teneat de Comite Alberico et ipse Comes faciat inde michi seruicium et michi et hæredibus meis. Concedo etiam ei et hæredibus suis de cremento Diham[569] que fuit Rogeri de Ramis[570] rectum nepotum ipsius comitis Alberici, videlicet filiorum Rogeri de Ramis.[571] Et similiter concedo ei et heredibus suis Turroc̃[572] que fuit Willelmi Peuerelli de Nottingh', et terram Salamonis Presbiteri[573] de Tilleberiâ.[574] Concedo etiam eidem Alberico Comiti quod ipse et omnes homines sui habeant et lucrentur omnia essarta sua libera et quieta de omnibus placitis que fecerant usque ad diem quâ seruicio domini mei Comitis Andegavie et meo adhæserunt.[575] Hec omnia supradicta tenementa concedo ei tenenda hæreditarie in omnibus rebus sibi et hæredibus suis de me et de hæredibus meis. Quare volo et firmiter præcipio quod ipse Albericus Comes et heredes sui teneant omnia tenementa sua ita bene et in pace et libere et quiete et honorifice et plenarie sicut unquam aliquis Comitum meorum melius vel liberius tenuit vel tenet et preter hoc do et concedo Galfrido de Ver totam terram que fuit Galfridi Talebot[576] in dominiis in militibus si eam ei Warantizare potero. Et si non potero, escambium ei inde dabo ad valentiam per consideracionem Comitis Galfridi Essex et Comitis Gisleberti et Comitis Alberici fratris sui. Et preter hoc concedo Roberto de Ver unam baroniam ad valentiam honoris Galfridi de Ver infra annum quo potestatiua fuero regni Angliæ. Vel aliam terram ad valentiam illius terræ. Et preter hoc do et concedo eidem Comiti Alberico Cancellariam ad opus Willelmi de Ver fratris sui ex quo deliberata fuerit de Willelmo Cancellario fratre Johannis filii Gisleberti qui eam modo habet. Hanc autem convencionem et donacionem tenendam affidaui manu mea propria in manu Galfridi Comitis Essex. Et hujus fiduciæ sunt obsides per fidem et Testes: Robertus Comes Gloec', et Milo Comes Heref', et Brianus filius Comitis, et Robertus filius Regis[577] et Robertus de Curci Dap', et Johannes filius Gisleb', et Milo de Belloc', et Radulfus Paganel, et Robertus filius Heldebrandi et Robertus de Oileio Conestabularius. Et Convencionaui eidem Comiti Alberico quod pro posse meo Comes Andegavie dominus meus assecurabit ei manu suâ propriâ illud idem tenendum et Henricus filius meus similiter. Et quod Rex ffrancie erit mihi obses si facere potero Et si non potero, faciam quod rex capiet in manu illud idem tenendum. Et de hoc debent esse obsides per fidem Juhel de Meduana et Rob[ertus] de Sabloill et Wido de Sabloill et Paganus de Clarievall' et Gaufridus de Clarievall et Andreas de Alvia et Pepinus de Turcin, et Absalon de Ruinard[578] et Reginaldus Comes Cornubiæ et Baldwinus Comes Deuoniæ et Comes Gislebertus de Pembroc et Comes Hugo de Norfolc et Comes de Essex Gaufridus et Patricius[579] (sic) de Valoniis, et alii barones mei quos habere voluerit et ego habere potero erunt inde obsides similiter et quod Christianitas Angliæ quæ in potestate meâ est capiat in manu supradictam convencionem tenendam eidem Comiti Alberico et hæredibus suis de me et hæredibus meis Apud Oxin.[580]
The first point to which I would call attention is the identity of expression in the two charters, proving, as I urged above, their close and essential connection. It may be as well to place the passages to which I refer side by side.
| Charter to Geoffrey. | Charter to Aubrey. |
|---|---|
| Hanc autem conventionem et
donationem tenendam affidavi manu mea propria in manu ipsius
Comitis Gaufredi. Et hujus fiduciæ sunt obsides per fidem et
Testes, Robertus etc. Et conventionavi eidem Comiti Gaufrido pro posse meâ quod Comes Andegavie dominus meus assecurabit ei manu suâ propriâ illud idem tenendum et Henricus filius meus similiter, etc., etc. | Hanc autem conventionem et
donationem tenendam affidavi manu mea propria in manu Galfredi
Comitis Essex. Et hujus fiduciæ sunt obsides per fidem et Testes,
Robertus, etc. Et conventionavi eidem Comiti Alberico quod pro posse meo Comes Andegavie dominus meus assecurabit ei manu suâ propriâ illud idem tenendum et Henricus filius meus similiter, etc., etc. |
Putting together these passages with the fact that the witnesses also are the same in both charters, we see plainly that these two documents, while differing from all others of the kind, correspond precisely with each other. Above all, we note that it was to Geoffrey, not to Aubrey, that the Empress pledged her faith for the fulfilment of Aubrey's charter. This shows, as I observed, that Aubrey obtained this charter as Geoffrey's relative and ally, just as Geoffrey's less important kinsmen were provided for in his own charter.
Here we may pause for a moment, before examining this record in detail, to glance at another which forms its corollary and complement.
It will have been noticed that in both these charters the Empress undertook to obtain their confirmation by her husband and her son. We know not whether the charter to Geoffrey was so confirmed, but presumably it was. For, happily, in the case of its sister-charter, the confirmation by the youthful Henry was preserved. And there is every reason to believe that when this was confirmed the other would be confirmed also.
The confirmation by the future King Henry II. of his mother's charter to Aubrey de Vere may be assigned to July-November, 1142. His uncle Robert crossed to Normandy shortly after witnessing the original charter, and returned to England, accompanied by his nephew, about the end of December.[581] We may assume that no time was lost in obtaining the confirmation by the youthful heir, and though the names of the witnesses and the place of testing are, unluckily, omitted in the transcript, the fact that a Hugh "de Juga" acted as Geoffrey's proxy for the occasion supports the hypothesis that the confirmation took place over sea. That we have a confirmation by Henry, but not by his father, is doubtless due to Geoffrey of Anjou refusing, on this occasion, to come to his wife's assistance, and virtually, by sending his son in his stead, abdicating in his favour whatever pretensions he had to the English throne.
As Henry's charter is printed at the foot of his mother's by Vincent, I shall content myself with quoting its distinctive features, for the subject matter is the same except for some verbal differences.[582] There is some confusion as to the authority for its text. Vincent transcribed it, like that of the Empress, from the Hedingham Castle Register. Dugdale, in his Baronage, mixes it up with the charter granted by Henry when king, so that his marginal reference would seem to apply to the latter. In his MSS., however, he gives as his authority "Autographum in custodia Johis. Tindall unius magror. Curie cancellarie temp. Reg. Eliz." If the original charter itself was in existence so late as this there is just a hope that it may yet be found in some unexplored collection. From time to time such "finds" are made,[583] and few discoveries would be more welcome than that of the earliest charter of one of the greatest sovereigns who have ever ruled these realms, the first Plantagenet king.[584]
Charter of Henry of Anjou to Aubrey de Vere.
July-November, 1142.
"Henricus filius filiæ Regis Henrici, rectus heres Angl. et Normann. etc. Sciatis quod sicut Domina mea, viz. mater mea imperatrix reddidit et concessit, ita reddo et concedo.... Hanc autem convencionem tenendam affidavi manu mea propria in manu Hugonis de Juga,[585] sicut mater mea Imperatrix affidavit in manu Comitis Gaufr. Testibus," etc.
Henry "fitz Empress" was at this time only nine and a half years old. The claim he is here made to advance as "rightful heir" of England and Normandy sounds the key-note of the coming struggle. Not only till he had obtained the crown, but also after he had obtained it, he steadily dwelt on his "right" to the throne, of which Stephen had wrongfully deprived him.
We should also note that he claims to be "heir" of England and Normandy, but not of Anjou. I take this to imply that he posed as no mere heir-expectant, but as one who ought, by right, to be in actual possession of his realm. He could not, in the lifetime of his father, assume this attitude to Anjou. Hence its omission. As for his mother, he seems, from the first, to have claimed her inheritance, as he eventually obtained it, not for her, but for himself.
Let us now return to the charter of the Empress.
It will be best to discuss its successive clauses seriatim. The opening portion, from "Sciatis me reddidisse" to "sicut alia Carta mea quam inde habuit testatur," is merely a confirmation of her previous charter, granted, as we learn from this, for the purpose of securing him in the possession of his father's fief and office of royal chamberlain. His father, who is said to have been slain in May, 1141, had been granted the chamberlainship by Henry I. in 1133, the charter being printed by Madox from Dugdale's transcript. This confirmation repeats its terms.
The next portion extends from the words "Et do et concedo" to "sicut Carta sua alia quam inde habet testatur." About this there is some obscurity. The word is "do," not "reddo," and the expression "Carta sua" replaces "Carta mea." The clause clearly refers to grants made to Aubrey himself since his father's death, but whether by the king or by the Empress is not so clear as could be wished. The point need not be discussed at length, but the former seems the more probable.
Fortunately, there is no such doubt about the clauses of creation. Here the question of the formula becomes all-important. The case stands thus. There are only two instances in the course of this reign in which we can be quite certain that we are dealing with creations de novo. The one is that by which the king "made" Geoffrey Earl of Essex; the other, that by which the Empress "made" Miles Earl of Hereford. We know that neither grantee had been created an earl before; and we find that the sovereign, in each instance, speaks of having "made" ("fecisse") him an earl.[586] So, again, in the only instance of a "counter-patent" of creation, of which we can be quite certain, namely, that by which the Empress recognized Geoffrey as Earl of Essex after he had received that title from Stephen, the formula used is: "Do et concedo ut sit Comes." The two are essentially distinct. Now, applying this principle to the present charter, we find the latter of the two formulæ employed on this occasion. The words are: "Do ei et concedo ut sit Comes." We infer, therefore, if my view be right, that Aubrey was already in enjoyment of comital rank when he received this charter. It might be, and indeed has been, supposed that he was so by virtue of a creation by Stephen. I have noted an instance in which he attests a charter of Stephen (at the siege of Wallingford) as a "comes,"[587] and it is not likely that Stephen would allow him this title in virtue of a creation by the Empress. On the other hand, in this charter the Empress treats him as already a comes, which she does not do in the case of Geoffrey, who had been created a comes by Stephen.[588] The difference between the two cases is accounted for by the fact that Aubrey was comes not by a creation of Stephen, but in right of his wife Beatrice, heiress of the Comté of Guisnes. This has been clearly explained by Mr. Stapleton in his paper on "The Barony of William of Arques,"[589] although he is mistaken in his dates. He wrongly thought, like others, that Aubrey's father, the chamberlain, was killed in May, 1140, instead of May, 1141, and, like Mr. Eyton, he wrongly assigned this charter of the empress to 1141, instead of 1142.[590] His able identification of "Albericus Aper" with Aubrey de Vere may be supplemented by a reference to the fact that "the blue boar" was the badge of the family through a pun on the Latin verres.
Aubrey was already the husband of Beatrice, the heiress of Guisnes, at the death of her grandfather Count Manasses (? 1139). He thereupon went to Flanders and became (says Lambart d'Ardes) Count of Guisnes. Returning to England, he sought and obtained from Stephen his wife's English inheritance and executed, as Mr. Stapleton observes, in his father's lifetime (i.e. before May, 1141), the charter printed in Morant's Essex (ii. 506). Aubrey was divorced from Beatrice a few years later, when she married (between 1144 and 1146, thinks Mr. Stapleton) Baldwin d'Ardres, the claimant of Guisnes. Thus did Aubrey come to be for a time "Count of Guisnes," as recorded, according to Weever, on his tomb at Colne Priory.
Mr. Stapleton was unable to produce any English record or chronicle in which Aubrey is given the style of "Count of Guisnes." It is, therefore, with much satisfaction that I print, from the original charter, the following record, conclusively establishing that he actually had that style:—