Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
Even this important ceremony, however, left Stephen’s throne a tottering
one; he was compelled to buy the adherence of powerful magnates by
lavish concessions of land and franchises; and various charters in
favour of individual nobles still exist as witnesses to such bribes. The
process by which he built up a title to the Crown seems to have
culminated in the Easter of 1136, when he secured the support of
Matilda’s half-brother Robert, Earl of Gloucester, whose lead was
quickly followed by other influential nobles. All of these new
adherents, however, performed homage to the King under an important
reservation, namely, that their future loyalty would be strictly
conditional on the treatment extended to them by Stephen. That
unfortunate monarch accordingly, by tolerating such conditional
allegiance, was compelled to acknowledge the inherent weakness of his
position even in the moment of his nominal triumph.[174]
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Footnote 174:
The whole incident is so remarkable that it seems well to cite the
exact words of William of Malmesbury, II. 541: “_Itaque homagium regi
fecit sub conditione quadam, scilicet quamdiu ille dignitatem suam
integre custodiret et sibi pacta servaret_.”
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These important transactions took place apparently at Oxford,[175] and
at the same time the King issued his second or Oxford Charter, which
embodied and expanded the contents of earlier charters and oaths. This
Oxford Charter, the date of which has been proved to be early in
April,[176] is noteworthy alike for the circumstances in which it was
granted, placing as it did the copestone on the gradual process by which
Stephen was “elected” king, and also for its contents, which combined
the earlier oath to the Church and the vague, unsatisfactory earlier
charter to the people, with the new conditions extorted by Earl Robert
and his followers.
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Footnote 175:
Round, _Geoffrey_, 22.
Footnote 176:
Round, _Geoffrey_, 23–4.
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The opening words, in which Stephen describes himself as “King of the
English,” may be read as a laboured attempt to set forth a valid title
to the throne. All reference to predecessors is carefully avoided, and
the usurper declares himself to be king "by appointment of the clergy
and people, by consecration of the archbishop and papal legate, and by
the Pope’s confirmation."[177]
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Footnote 177:
Stephen was not justified in this last assumption. See Round,
_Geoffrey_, 9.
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Public-domain text, read in full here on John Shaqi.
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