The following year (June 28, 1876), in an instructive paper read before the Royal Society of Literature,[231] Mr. Birch wrote thus:—

"As an example of new lights which the study of early English seals has thus cast upon our history (elucidations, as it were, of facts which have escaped the keen research of every one of our illustrious band of historians and chroniclers for upwards of seven hundred years), an examination into the history of the seal of Mathildis or Maud, the daughter and heiress of King Henry I. (generally known as the Empress Maud, or Mathildis Imperatrix, from the fact of her marriage with the Emperor Henry V. of Germany), has resulted in my being fortunately enabled to demonstrate that royal lady's undisputed right to a place in all tables or schemes of sovereigns of England; nevertheless it is, I believe, a very remarkable fact that her position with regard to the throne of England should have been so long, so universally, and so persistently ignored, by all those whose fancy has led them to accept facts at second hand, or from perfunctory inquiries into the sources of our national history rather than from careful step-by-step pursuit of truth through historical tracks which, like indistinct paths in the primæval forest, often lead the wanderer into situations which at the outset could not have been foreseen. In a paper on this subject which I prepared last year, and which is now published in the Journal of the British Archæological Association, I have fully explained my views of the propriety of inserting the name of Mathildis or Maud as Queen of England into the History Tables under the date of 1141-1143; and as this position has never as yet been impugned, we may take it that it is right in the main; and I have shown that until the liberation of King Stephen from his imprisonment at Bristol, as a sequel to the battle at Winchester in 1143 (so disastrous to the prospects of Mathildis), she held her position as queen, most probably at London....

"Now, I have introduced this apparent digression in this place to point to the importance of the study of historical seals, for my claim to the restoration of this queen's name is not due so much to my own researches as it is to the unaccountable oversight of others."[232]

I fear that, notwithstanding Mr. Birch's criticism on all who have gone before him, a careful analysis of the subject will reveal that the only addition he has made to our previous knowledge on this subject, as set forth in Mr. Way's papers, consists in two original and quite incomprehensible errors: one of them, the assigning of Maud's election to the episode of the 2nd and 3rd of March, instead of to that of the 7th and 8th of April (1141); the other, the assigning of Stephen's liberation to 1143 instead of 1141. When we correct these two errors, springing (may we say, in Mr. Birch's words?) "from perfunctory inquiries into the sources of our national history rather than from careful step-by-step pursuit of the truth," we return to the status quo ante, as set forth in Mr. Way's paper, and find that "the unaccountable oversight," by all writers before Mr. Birch, of the fact that the Empress "held her position as queen," for more than two years, "most probably at London," is due to the fact that her said rule lasted only a few months, or rather, indeed, a few weeks, while in London itself it was numbered by days.

But though it has been necessary to speak plainly on Mr. Birch's unfortunate discovery, one can probably agree with his acceptance of the view set forth by Mr. Hardy, and espoused by Mr. Way, that the style "domina" represents that "dominus" which was used as "a temporary title for the newly made monarch during the interval which was elapsing between the death of the predecessor and the coronation day of the living king."[233] To Mr. Hardy's instance of Richard's style, "Dominus Angl[iæ]," August, 1189, we may add, I presume, that of John, "Dominus Angliæ," April 17th and 29th, (1199).[234] Now, if this usage be clearly established, it is certainly a complete explanation of a style of which historians have virtually failed to grasp the relevance.

But a really curious parallel, which no one has pointed out, is that afforded in the reign immediately preceding this, by the case of the king's second wife. Great importance is rightly attached to "the election of the Empress as 'domina Angliæ'" (as Dr. Stubbs describes it[235]), and to the words which William of Malmesbury places in the legate's mouth;[236] and yet, though the fact is utterly ignored, the very same formula of election is used in the case of Queen "Adeliza," twenty years before (1121)!

The expression there used by the Continuator is this: "Puella prædicta, in regni dominam electa, ... regi desponsatur" (ii. 75). That is to say that before her marriage (January 29) and formal coronation as queen (January 30) she was elected, it would seem, "Domina Angliæ." The phrase "in regni dominam electa" precisely describes the status of the Empress after her election at Winchester, and before that formal coronation at Westminster which, as I maintain, was fully intended to follow. We might even go further still, and hold that the description of Adeliza as "futuram regni dominam,"[237] when the envoys were despatched to fetch her, implies that she had been so elected at that great Epiphany council, in which the king "decrevit sibi in uxorem Atheleidem."[238] But I do not wish to press the parallel too far. In any case, precisely as with the Empress afterwards, she was clearly "domina Angliæ" before she was crowned queen. And, if "electa" means elected, the fact that these two passages, referring to the two elections (1121 and 1141), come from two independent chronicles proves that the terms employed are no idiosyncracy, but refer to a recognized practice of the highest constitutional interest.

Of course the fact that the same expression is applied to the election of Queen "Adeliza" as to that of the Empress herself, detracts from the importance of the latter event, regarded as an election to the throne.

At the same time, I hold that we should remember, as in the case of Stephen, the feudal bearing of "dominus." For herein lies its difference from "Rex." The "dominatus" of the Empress over England is attained step by step.[239] At Cirencester, at Winchester, at Oxford, she becomes "domina" in turn.[240] Not so with the royal title. She could be "lady" of a city or of a man: she could be "queen" of nothing less than England.

I must, however, with deep regret, differ widely from Mr. Birch in his conclusions on the styles adopted by the Empress. These he classes under three heads.[241] The second ("Mathildis Imperatrix Henrici regis filia et Anglorum regina") is found in only two charters, which I agree with him in assigning "to periods closely consecutive," not indeed to the episode of March 2 and 3, but to that of April 7 and 8. Of his remaining twenty-seven charters, thirteen belong to his first class and fourteen to his third, a proportion which makes it hard to understand why he should speak of the latter as "by far the most frequent."