Here are the passages in point taken from both writers:—
| Richard of Hexham. | John of Hexham. |
|---|---|
| Eodem quoque anno Innocentius Romanæ sedis Apostolicus, Stephano regi Angliæ litteras suas transmisit, quibus eum Apostolica auctoritate in regno Angliæ confirmavit.... Igitur Stephanus his et aliis modis in regno Angliæ confirmatus, episcopos et proceres sui regni regali edicto in unum convenire præcepit; cum quibus hoc generale concilium celebravit. | Eodem anno Innocentius papa litteris ab Apostolica sede directis eundem regem Stephanum in negotiis regni confirmavit. Harum tenore litterarum rex instructus, generali convocato concilio bonas et antiquas leges, et justos consuetudines præcepit conservari, injustitias vero cassari. |
The point to keep clearly in mind is that the Earl of Gloucester was not present at the Easter court in London, and that, landing subsequently, he was present when the charter of liberties was granted at Oxford. So short an interval of time elapsed that there cannot have been two councils. There was, I believe, one council which adjourned from London to Oxford, and which did so on purpose to meet the virtual head of the opposition, the powerful Earl of Gloucester. It must have been the waiting for his arrival at court which postponed the issue of the charter, and it is not wonderful that, under these circumstances, the chroniclers should have made of the whole but one transaction.
The earl, on his arrival, did homage, with the very important and significant reservation that his loyalty would be strictly conditional on Stephen's behaviour to himself.[67]
His example in this respect was followed by the bishops, for we read in the chronicler, immediately afterwards:
"Eodem anno, non multo post adventum comitis, juraverunt episcopi fidelitatem regi quamdiu ille libertatem ecclesiæ et vigorem disciplinæ conservaret."[68]
By this writer the incident in question is recorded in connection with the Oxford charter. In this he must be correct, if it was subsequent to the earl's homage, for this latter itself, we see, must have been subsequent to Easter.
Probably the council at London was the preliminary to that treaty (convencio) between the king and the bishops, at which William of Malmesbury so plainly hints, and of which the Oxford charter is virtually the exponent record. For this, I take it, is the point to be steadily kept in view, namely, that the terms of such a charter as this are the resultant of two opposing forces—the one, the desire to extort from the king the utmost possible concession; the other, his desire to extort homage at the lowest price he could. Taken in connection with the presence at Oxford of his arch-opponent, the Earl of Gloucester, this view, I would venture to urge, may lead us to the conclusion that this extended version of his meagre "coronation charter" represents his final and definite acceptance, by the magnates of England, as their king.
It may be noticed, incidentally, as illustrative of the chronicle-value of charters, that not a single chronicler records this eventful assembly at Oxford. Our knowledge of it is derived wholly and solely from the testing clause of the charter itself—"Apud Oxeneford, anno ab incarnatione Domini MCXXXVI." Attention should also, perhaps, be drawn to this repeated visit to Oxford, and to the selection of that spot for this assembly. For this its central position may, doubtless, partly account, especially if the Earl of Gloucester was loth to come further east. But it also, we must remember, represented for Stephen, as it were, a post of observation, commanding, in Bristol and Gloucester, the two strongholds of the opposition. So, conversely, it represented to the Empress an advanced post resting on their base.
Lastly, I think it perfectly possible to fix pretty closely the date of this assembly and charter. Easter falling on the 22nd of March, neither the king nor the Earl of Gloucester would have reached Oxford till the end of March or, perhaps, the beginning of April. But as early as Rogation-tide (April 26-29) it was rumoured that the king was dead, and Hugh Bigod, who, as a royal dapifer, had been among the witnesses to this Oxford charter, burst into revolt at once.[69] Then followed the suppression of the rebellion, and the king's breach of the charter.[70] It would seem, therefore, to be beyond question that this assembly took place early in April (1136).