Geoffrey de Mandeville: A study of the Anarchy

by John Horace Round

In the first place we should compare it with Stephen's charter (p. 51), to which, in Mr. Eyton's words, it forms the "counter-patent."[324] In the former the words of creation are: "Sciatis me fecisse comitem de Gaufredo," etc. In the charter of the Empress they run thus: "Sciatis ... quod ... do et concedo Gaufredo de Magnavilla ... ut sit Comes," etc. This contrast is in itself conclusive as to the earldom having been first created by Stephen and then recognized by the Empress. This being so, it is the more strange that Mr. Eyton should have arrived at the contrary conclusion, especially as he noticed the stronger form in the charter creating the earldom of Hereford ("Sciatis me fecisse Milonem de Glocestriâ Comitem"), a form corresponding with that in Stephen's charter to Geoffrey. The earldom of Hereford being created by the Empress, as that of Essex had been by Stephen, we find the same formula duly employed by both. The distinction thus established is one of considerable importance.

The special grant of the "tertius denarius" is a point of such extreme interest in its bearing on earls and earldoms that it requires to be separately discussed in a note devoted to the subject.[325]

But without dwelling at greater length upon the peerage aspect of this charter, let us see how it illustrates the ambitious policy pursued in this struggle by the feudal nobles. Dr. Stubbs writes:—

"It is possible that the frequent tergiversations which mark the struggle may have been caused by the desire of obtaining confirmation of the rank [of earl] from both the competitors for the crown."[326]

But it is my contention that Geoffrey and his fellows were playing a deeper game. We find each successive change of side on the part of this unscrupulous magnate marked by a distinct advance in his demands and in the price he obtained. Broadly speaking, he was master of the situation, and he put himself and his fortress up to auction. Thus he obtained from the impassioned rivals a rapid advance at each bid. Compare, for instance, this charter with that he had obtained from Stephen, or, again, compare it with those which are to follow.

The very length of this charter, as compared with Stephen's, is significant enough in itself. But its details are far more so. Stephen's grant had not explicitly included the tertius denarius; the Empress grants him the tertius denarius "sicut comes habere debet in comitatu suo."[327] But what may be termed the characteristic features are to be found in such clauses as those dealing with the license to fortify, and with the grants of lands.[328] These latter, indeed, teem with information, not only for the local, but for the general historian, as in the case of Theobald's forfeiture. But their special information is rather in the light they throw on the nature of these grants, and on the sources from which the Empress, like her rival, strove to gratify the greed of these insatiable nobles.

Foremost among these were those "extravagant grants of Crown lands" spoken of by Dr. Stubbs and by Gneist.[329] Now, in this charter, and in those which follow, we are enabled to trace the actual working of this fatal policy in practice. The Empress begins, in this charter, by granting Geoffrey, for this is its effect, £100 a year in land ("C libratas terræ"). Stephen, we shall find, a few months later, regains him to his side by increasing the bid to £300 a year ("CCC libratas terræ"). But how is the amount made up? It is charged on the Crown lands in his own county of Essex. But observe, for this is an important point, that it is not charged as a lump sum on the entire corpus comitatus (or, to speak more exactly, on the annual firma of that corpus), but on certain specified estates. Here we have a welcome allusion to the practice of the early Exchequer. The charter authorizes Geoffrey, as sheriff, to deduct from the annual ferm of the county, for which he was responsible at the Exchequer (being that recorded on the Rotulus exactorius), that portion of it represented by the annual rents (redditus) of Maldon and Newport, which, as estates of Crown demesne, had till then been included in the corpus.[330] From the earliest Pipe-Rolls now remaining we know that the estates so alienated were usually entered by the sheriff under the head of "Terræ Datæ," with the amount due from each, for which amounts, of course, he claimed allowance in his account. I think we have here at least a suggestion that even at the height of the anarchy and of the struggle, the Exchequer, with all the details of its practice, was recognized as in full existence. I have never been able to reconcile myself to the accepted view, as set forth by Dr. Stubbs, of the "stoppage of the administrative machinery"[331] under Stephen. He holds that on the arrest of the bishops (June, 1139) "the whole administration of the country ceased to work," and that Stephen was "never able to restore the administrative machinery."[332] Crippled and disorganized though it doubtless was, the Exchequer, I contend, must have preserved its existence, because its existence was an absolute necessity. Without an exchequer, the income of the Crown would, obviously, have instantly disappeared. Moreover, the case of William of Ypres, and others to which reference will be made below, will go far to establish the important fact that the Exchequer system remained in force, and that accounts of some kind must have been kept.

The next point to which I would call attention is the expression "pro tanto quantum inde reddi solebat die quâ Rex Henricus fuit vivus et mortuus," which is applied to Maldon and Newport. The Pipe-Rolls, it should be remembered, only took cognizance of the total ferm of the shire. The constituents of that ferm were a matter for the sheriff. At first sight, therefore, these expressions might seem to cause some difficulty. Their explanation, however, is this. Just as I have shown in Domesday Studies[333] that the ferm of a town, as in the case of Huntingdon, was in truth the aggregate of several distinct and separate ferms, so the ferm of a county must have comprised the separate and distinct ferms of each of the royal estates. That ferm would be a customary, that is, fixed, redditus (or, as the charter expresses it, "quantum inde reddi solebat"). A particularly striking case in point is afforded by Hatfield Regis (alias Hatfield Broadoak). When Stephen increased the alienation of Crown demesne to Geoffrey, he granted him Hatfield inter alia "pro quater xx libris," that is, as representing £80 a year. This same estate, after the fall of Geoffrey, was alienated anew to Richard de Luci, and in the early Pipe-Rolls of Henry II. we read, under "Terræ Datæ" in Essex, "Ricardo de Luci quater xx libræ numero in Hadfeld." That is to say, in his annual account, the sheriff claimed to be allowed £80 off the amount of his ferm, in respect of the alienated estate. Now, the Domesday valuation of this manor is fortunately very precise: "Tunc Manerium valuit xxxvi libras. Modo lx. Sed vicecomes recipit inde lxxx libras et c solidos de gersuma" (ii. 2 b). The Domesday redditus of the manor, therefore, had remained absolutely unchanged. In such cases of alienation of demesne, it was, obviously, the object of the grantee that the manor should be valued as low as possible, while that of the sheriff was precisely the reverse. It was on this account doubtless, to prevent dispute, that these charters carefully named the sum at which the manor was to be valued, either in figures, as in the case of Bonhunt,[334] or, as in that of Maldon and Newport, in the formula "quantum inde reddi solebat" at the death of Henry I., this formula probably implying that the earlier ferm had been forced up in the days of the Lion of Justice.

The conclusion I would draw from the above argument is that the sheriff was not at liberty to exact arbitrary sums from the demesne lands of the Crown. A fixed annual render (redditus) was due to him from each, though this, like the firma of the sheriff himself, was liable to revision from time to time.[335]

But it would be difficult to overestimate the importance of evidence which forms a connecting link between Domesday and the period of the Pipe-Rolls, especially if it throws some fresh light on the vexed question of Domesday values. Moreover, we have here an obvious suggestion as to the purpose of the Conqueror in ascertaining values, at least so far as concerned the demesne lands of the Crown, for he was thus enabled to check the sheriffs, by obtaining a basis for calculating the amount of the firma comitatus. With this point we shall have to deal when we come to Geoffrey's connection with the shrievalty of Essex and Herts.