It was at Oxford, in January,[53] that Stephen heard of David's advance into England. With creditable rapidity he assembled an army and hastened to the north to meet him. He encountered him at Durham on the 5th of February (the day after Ash Wednesday), and effected a peaceable agreement. He then retraced his steps, after a stay of about a fortnight,[54] and returned to keep his Easter (March 22) at Westminster. I wish to invite special attention to this Easter court, because it was in many ways of great importance, although historians have almost ignored its existence. Combining the evidence of charters with that which the chroniclers afford, we can learn not a little about it, and see how notable an event it must have seemed at the time it was held. We should observe, in the first place, that this was no mere "curia de more": it was emphatically a great or national council. The author of the Gesta describes it thus:—
"Omnibus igitur summatibus regni, fide et jurejurando cum rege constrictis, edicto per Angliam promulgato, summos ecclesiarum ductores cum primis populi ad concilium Londonias conscivit. Illis quoque quasi in unam sentinam illuc confluentibus ecclesiarumque columnis sedendi ordine dispositis, vulgo etiam confuse et permixtim,[55] ut solet, ubique se ingerente, plura regno et ecclesiæ profutura fuerunt et utiliter ostensa et salubriter pertractata."[56]
We have clearly in this great council, held on the first court day (Easter) after the king's coronation, a revival of the splendours of former reigns, so sorely dimmed beneath the rule of his bereaved and parsimonious uncle.[57]
Henry of Huntingdon has a glowing description of this Easter court,[58] which reminds one of William of Malmesbury's pictures of the Conqueror in his glory.[59] When, therefore, Dr. Stubbs tells us that this custom of the Conqueror "was restored by Henry II." (Const. Hist., i. 370), he ignores this brilliant revival at the outset of Stephen's reign. Stephen, coming into possession of his predecessor's hoarded treasure, was as eager to plunge into costly pomp as was Henry VIII. on the death of his mean and grasping sire. There were also more solid reasons for this dazzling assembly. It was desirable for the king to show himself to his new subjects in his capital, surrounded not only by the evidence of wealth, but by that of his national acceptance. The presence at his court of the magnates from all parts of the realm was a fact which would speak for itself, and to secure which he had clearly resolved that no pains should be spared.[60]
If the small group who attended his coronation had indeed been "but a poor substitute for the great councils which had attended the summons of William and Henry," he was resolved that this should be forgotten in the splendour of his Easter court.
This view is strikingly confirmed by the lists of witnesses to two charters which must have passed on this occasion. The one is a grant to the see of Winchester of the manor of Sutton, in Hampshire, in exchange for Morden, in Surrey. The other is a grant of the bishopric of Bath to Robert of Lewes. The former is dated "Apud Westmonasterium in presentia et audientia subscriptorum anno incarnationis dominicæ, 1136," etc.; the latter, "Apud Westmonasterium in generalis concilii celebratione et Paschalis festi solemnitate." At first sight, I confess, both charters have a rather spurious appearance. Their stilted style awakes suspicion, which is not lessened by the dating clauses or the extraordinary number of witnesses. Coming, however, from independent sources, and dealing with two unconnected subjects, they mutually confirm one another. We have, moreover, still extant the charter by which Henry II. confirmed the former of the two, and as this is among the duchy of Lancaster records, we have every reason to believe that the original charter itself was, as both its transcribers assert, among them also. Again, as to the lists of witnesses. Abnormally long though these may seem, we must remember that in the charters of Henry I., especially towards the close of his reign, there was a tendency to increase the number of witnesses. Moreover, in the Oxford charter, by which these were immediately followed, we have a long list of witnesses (thirty-seven), and, which is noteworthy, it is similarly arranged on a principle of classification, the court officers being grouped together. I have, therefore, given in an appendix, for the purpose of comparison, all three lists.[61] If we analyze those appended to the two London charters, we find their authenticity confirmed by the fact that, while the Earl of Gloucester, who was abroad at the time, is conspicuously absent from the list, Henry, son of the King of Scots, duly appears among the attesting earls, and we are specially told by John of Hexham that he was present at this Easter court.[62] Miles of Gloucester and Brian fitz Count also figure together among the witnesses—a fact, from their position, of some importance.[63] It is, too, of interest for our purpose, to note that among them is Geoffrey de Mandeville. The extraordinary number of witnesses to these charters (no less than fifty-five in one case, excluding the king and queen, and thirty-six in the other) is not only of great value as giving us the personnel of this brilliant court, but is also, when compared with the Oxford charter, suggestive perhaps of a desire, by the king, to place on record the names of those whom he had induced to attend his courts and so to recognize his claims. Mr. Pym Yeatman more than once, in his strange History of the House of Arundel, quotes the charter to Winchester as from a transcript "among the valuable collection of MSS. belonging to the Earl of Egmont" (p. 49). It may, therefore, be of benefit to students to remind them that it is printed in Hearne's Liber Niger (ii. 808, 809). Mr. Yeatman, moreover, observes of this charter—
"It contains the names of no less than thirty-four noblemen of the highest rank (excluding only the Earl of Gloucester), but not a single ecclesiastical witness attests the grant, which is perhaps not remarkable, since it was a dangerous precedent to deal in such a matter with Church property, perhaps a new precedent created by Stephen" (p. 286).
To other students it will appear "perhaps not remarkable" that the charter is witnessed by the unusual number of no less than three archbishops and thirteen bishops.[64]
Now, although this was a national council, the state and position of the Church was the chief subject of discussion. The author of the Gesta, who appears to have been well informed on the subject, shows us the prelates appealing to Stephen to relieve the Church from the intolerable oppression which she had suffered, under the form of law, at the hands of Henry I. Stephen, bland, for the time, to all, and more especially to the powerful Church, listened graciously to their prayers, and promised all they asked.[65] In the grimly jocose language of the day, the keys of the Church, which had been held by Simon (Magus), were henceforth to be restored to Peter. To this I trace a distinct allusion in the curious phrase which meets us in the Bath charter. Stephen grants the bishopric of Bath "canonica prius electione præcedente." This recognition of the Church's right, with the public record of the fact, confirms the account of his attitude on this occasion to the Church. The whole charter contrasts strangely with that by which, fifteen years before, his predecessor had granted the bishopric of Hereford, and its reference to the counsel and consent of the magnates betrays the weakness of his position.
This council took place, as I have said, at London and during Easter. But there is some confusion on the subject. Mr. Howlett, in his excellent edition of the Gesta, assigns it, in footnotes (pp. 17, 18), to "early in April." But his argument that, as that must have been (as it was) the date of the (Oxford) charter, it was consequently that of the (London) council, confuses two distinct events. In this he does but follow the Gesta, which similarly runs into one the two consecutive events. Richard of Hexham also, followed by John of Hexham,[66] combines in one the council at London with the charter issued at Oxford, besides placing them both, wrongly, far too late in the year.