But, to return to Maud's charter, the point which I am anxious to emphasize is that of the formula she employs, namely, "do et concedo," as against the "sciatis me fecisse" of an original creation. I trace this distinction in later years, when her son, who had already, as we have seen, confirmed this charter to Aubrey, again confirmed it when king (1156), employing for that purpose the same formula: "Sciatis me dedisse et concessisse comiti Alberico." Conversely, in the case of Hugh Bigod, he employs the formula: "Sciatis me fecisse Hugonem Bigot comitem de Norfolca" (1155), this being an earldom of Stephen's creation, and, so far as we know, of his alone. This is a view which should be accepted with caution, but which has, if correct, an important bearing.
The very remarkable shifting clause as to the county of which the grantee should be earl requires separate notice. The axiom from which I start is this: When a feudatory was created an earl, he took if he could for his "comitatus" the county in which was situated the chief seat of his power, his "Caput Baroniæ." If this county had an earl already he then took the nearest county that remained available. Thus Norfolk fell to Bigod, Essex to Mandeville, Sussex to Albini, Derby to Ferrers, and so on. De Clare, the seat of whose power was in Suffolk, though closely adjoining Essex, took Herts, probably for the reason that Mandeville had already obtained Essex, while Bigod's province, being in truth the old earldom of the East Angles—"Comes de Estangle," as Henry of Huntingdon terms him,—took in Suffolk. So now, Aubrey de Vere probably selected Cambridgeshire as the nearest available county to his stronghold at Castle Hedingham.[592]
But the Empress, we see, promised it only on the strange condition that her uncle was not already in possession. I say "the strange condition," for one would surely have thought that she knew whether he was or not. Moreover, the dignity was then held not by her uncle, but by his son, and is described as the earldom of Huntingdon, never as the earldom of Cambridge. The first of these difficulties is explained by the fact that the King of Scots had, early in the reign, made over the earldom to his son Henry, to avoid becoming himself the "man" of the King of England. The second requires special notice.
We are taken back, by this provision, to the days before the Conquest. Mr. Freeman, in his erudite essay on The Great Earldoms under Eadward, has traced the shifting relations of the counties of Northamptonshire, Huntingdonshire, Cambridgeshire, and Northumberland. The point, however, which concerns us here is that, "under William," Earl Waltheof, "besides his great Northumbrian government, was certainly Earl of Northamptonshire (Ord. Vit., 522 C.), and of Huntingdonshire (Will. Gem., viii. 37)."[593] His daughter Matilda married twice, and between the heirs of these two marriages the contest for her father's inheritance was obstinate and long. Restricting ourselves to his southern province, with which alone we have here to deal, its western half, the county of Northampton, had at this time passed to Simon of St. Liz as the heir of the first marriage, while Huntingdon had conferred an earldom on Henry, the heir of her marriage with the Scottish king. The house of St. Liz, however, claimed the whole inheritance, and as the Earl of Huntingdon, of course, sided with his cousin, the Empress, Earl Simon of Northampton was the steadfast supporter, even in their darkest hours, of Stephen and his queen. Now, the question that arises is this: Was not Earl Henry's province Huntingdonshire with Cambridgeshire? Mr. Freeman writes of Huntingdonshire, that "in 1051 we find it, together with Cambridgeshire, a shire still so closely connected with it as to have a common sheriff, detached altogether from Mercia," etc.[594] It is true that when the former county became "an outlying portion of the earldom of Northumberland," it does not, he observes, "appear that Cambridgeshire followed it in this last migration;"[595] but when we compare this earlier connection with that in the Pipe-Roll of 1130,[596] and with the fact that under another David of Scotland, this earldom, some seventy years later, appears as that of Huntingdon and Cambridge,[597] we shall find in this charter a connecting link, which favours the view that the two counties had, for comital purposes, formed one throughout. We have a notable parallel in the adjacent counties of Norfolk and Suffolk, which still formed one, the East Anglian earldom. Dorset and Somerset, too, which were under one sheriff, may have been also intended to form one earldom, for the Lord of Dunster is found both as Earl of "Dorset" and of "Somerset." I suspect also that the Ferrers earldom was, in truth, that of the joint shrievalty of Derbyshire and Notts, and that this is why the latter county was never made a separate earldom till the days of Richard II.
The doubt of the Empress must therefore be attributed to her anxiety not to invade the comital rights of her cousin, in case he should deem that her creation of an earldom of Cambridgeshire would constitute such invasion. It is evident, we shall find, that he did so. The accepted view is, it would appear, that Aubrey, by virtue of this charter, became Earl "of Cambridge."[598] Mr. Doyle, indeed, in his great work, goes so far as to state that he was "cr. Earl of Cambridge by the Empress Maud (after March 2) 1141; ... cr. Earl of Oxford (in exchange) 1155."[599] But in Cole's (unpublished) transcript of the Colne Cartulary (fols. 34, 37), we have a charter of this Aubrey, "Pro animâ patris mei Alberici de Vere," which must have passed between 1141 and 1147, for it is attested by Robert, Bishop of London, appointed 1141, and Hugh, Abbot of Colchester, who died in 1147. In this charter his style is "Albericus Comes Oxeneford." Here, then, we have evidence that, in this reign, he was already Earl "of Oxford," not Earl of Cambridge.
Before quitting the subject of Aubrey's creation, we may note the bearing of the shifting clause on the creation of the earldom of Wiltshire. It implies that Patrick of Salisbury had not yet received his earldom. This conclusion is confirmed by a charter of the Empress tested at Devizes, which he witnesses merely as "Patricio de Sarum conestabulo."[600] The choice of Dorset is somewhat singular, as it suggests an intrusion on the Mohun earldom. But this rather shadowy dignity appears, during its brief existence, as an earldom of Somerset rather than of Dorset.
The specific grant of the "tertius denarius," as in the creation charters of the earldoms of Essex and of Hereford, should also be noticed.
The "Earl Gilbert" who is repeatedly mentioned in the course of this charter is Earl Gilbert "of Pembroke," maternal uncle to Aubrey. It is this relationship that, perhaps, accounts for the part he here plays.
Of the remaining features of interest in the record, attention may be directed to the phrase concerning the knights' fees of William de Helion: "Ut ipse Willelmus teneat de Comite Alberico, et ipse Comes faciat inde michi servitium;" also to the implied forfeiture of William Peverel of Nottingham, he having been made prisoner at Lincoln, fighting on Stephen's side. Lastly, the promise to the earl of the chancellorship for his brother William becomes full of interest when we know that this was the Canon of St. Osyth,[601] and that he was to be thus rewarded as being the clerical member of his house. It enables us further to identify in William, the existing chancellor, the brother of John (fitz Gilbert) the marshal.
We have now examined these two charters, parts, I would again insist, of one connected negotiation. What was its object? Nothing less, in my opinion, than a combined revolt in the Eastern Counties which should take Stephen in the rear, as soon as the arrival from Normandy of Geoffrey of Anjou and his son should give the signal for a renewal of the struggle, and a fresh advance upon London by the forces of the west country. Earl Geoffrey himself was now at the height of his power. If he were supported by Aubrey de Vere, and by Henry of Essex with Peter de Valoines (who are specially named in Geoffrey's charter), he would be virtually master of Essex. And if the restless Earl of the East Angles (p. 178 supra) would also join him, as eventually he did, while Bishop Nigel held Ely, Stephen would indeed be placed between two fires. I cannot but think that it is to the rumour of some such scheme as this that Stephen's panegyrist refers, when he tells us, the following year, that Geoffrey "had arranged to betray the realm into the hands of the Countess of Anjou, and that his intention to do so had been matter of common knowledge."[602]