To return to the council. The case for the prosecution, as we might term it, was opened by the Bishop of Angers, who charged Stephen both with perjury, that is, with breaking the oath he had sworn to Henry I., and with usurpation in seizing the throne to the detriment of the rightful heir.[762] Stephen's supporters, with Arnulf at their head, met these charges by a defence, the two reports of which are not in absolute harmony. It is quite certain that to the charge of usurpation they retorted that the Empress was the offspring of an unlawful alliance, and had, therefore, suffered no wrong.[763] But how they disposed of the oath is not so clear. According to Gilbert Foliot, whose account we may safely follow, they advanced the subtle and ingenious plea that fidelity had only been sworn to the Empress as heir ("sicut heredi") to the throne, and since (they urged) she was not such heir (for the reason given above), the oath was ipso facto void, and the charge fell to the ground.[764] The other writer asserts that the defence was based, first, on the plea that the oath had been forcibly extorted, and, second, on the cunning pretence that the king had reserved to himself the right of appointing another heir, and had exercised that right on his deathbed, to the extent of disinheriting the Empress and nominating Stephen in her stead.[765]
A careful study of the two versions has led me to believe that both writers were, probably, right in their facts. Gilbert Foliot would be the last man to invent an argument in favour of Stephen, nor would the other writer have any inducement to do so, writing (as he did) long after that king's death. Moreover, the pleas that (1) the oath had been extorted, (2) Henry I. had released his barons from its obligation, are precisely those which the author of the Gesta and William of Malmesbury[766] respectively mention as being advanced on Stephen's behalf. Lastly, we have yet another plea advanced by Bishop Roger of Salisbury, namely, that, so far as he was himself concerned, he looked on the re-marriage of the Empress, without the consent of the Great Council, as absolving him from his oath. Now, all this points to one conclusion. The thorn in the side of Stephen and of his friends was, clearly, this unlucky oath. Their various attempts to excuse its breach betray their consciousness of the fact. More especially was this the case before a spiritual court. Hence their ingenious endeavour, described by Gilbert Foliot, to keep the oath in the background as the lesser of the two points. Hence, too, their accumulated pleas. First, they urge that the oath was void because the Empress was not the heir; then, that it was void, because extorted; lastly, that it was void because the dying king had released them from their obligation. Such an argument as this speaks for itself.
The only point on which the two witnesses do, at first sight, differ, is the attitude taken by the Bishop of Angers with regard to the plea that the Empress was not of legitimate birth. Did he contravene this plea? The Historia asserts that when Stephen's advocates had stated the case for the defence, the bishop rose and traversed their pleadings, rejecting them one by one. But Gilbert, writing to Brian fitz Count, admits that the attack on the birth of the Empress (the only argument which he discusses) had not been replied to.[767] Now, the version found in the Historia, though composed much later, is a more detailed account, and bears the stamp of truth. Yet Gilbert's admission to his friend and ally betrays an uneasy consciousness that the charge had not been disposed of. For he asks him to suggest an effectual reply, and proceeds to suggest one himself.[768] He relies on St. Anselm's consent to her parents' marriage. We have here possibly the clue we seek. For the Bishop of Angers, in his speech, as given by the writer of the Historia, had not alluded to St. Anselm's consent.[769] Perhaps he was taken by surprise, and had not expected the plea.
Stephen's advocates seem, from a hint of Gilbert Foliot,[770] to have simply "stampeded the convention" (conventus), and the wrath of the Angevin champion rose to a white heat.[771] The pope commanded that the wrangling should cease, and announced that he would neither pass sentence nor allow the trial to be adjourned. This was equivalent to a verdict that the king was not guilty, and was duly followed by a letter to Stephen confirming him in his possession of the kingdom and the duchy.[772]
Seeing that he had lost his case, the aged Bishop of Angers relieved his feelings by a bitter jest at the cost of the heir of St. Peter.[773]
But we are more immediately concerned with that letter by which the pope (the writer tells us) confirmed Stephen in possession. For this connecting link is no other than the letter which meets us in the pages of Richard of Hexham.[774]
Its relevant portion runs thus:—
"Nos cognoscentes vota tantorum virorum in personam tuam, præeunte divina gratia, convenisse, pro spe etiam certa,[775] et [quia] beato Petro in ipsa consecrationis tuæ die obedientiam et reverentiam promisisse, et quia de præfati regis prosapia prope posito gradu originem traxisse dinosceris, quod de te factum est gratum habentes, te in specialem beati Petri et sanctæ Romanæ ecclesie filium affectione paterna recipimus, et in eadem honoris et familiaritatis prærogativa, qua predecessor tuus egregiæ recordationis Henricus a nobis coronabatur, te propensius volumus retinere."
The chronicler, observing that Stephen was "his et aliis modis in regno Angliæ confirmatus," passes straight from this letter to the King's Oxford charter, in which he describes himself as "ab Innocentio sanctæ Romanæ sedis pontifice confirmatus." Of this "confirmation," as we find it styled by the author of the Historia, by Richard of Hexham, by John of Hexham, and lastly, by Stephen himself, I speak more fully in the text. For the present the point to be grasped is that (1) the "conventus" at Rome was previous to (2) this letter of the pope, which was previous itself to (3) Stephen's charter, which is assigned to the spring (after Easter) of 1136. Thus we arrive at the fact that the council and debate at Rome belong to the early months of 1136.
To complete while we are about it the explanation of the Historia narrative, we will now take the second passage which has been erroneously printed in Pertz—