We have yet to consider the passage from the _Gesta_, to which Mr. Birch so confidently appeals, and which is dismissed by Mr. Freeman as "rhetoric." The passage runs:—
"In publica se civitatis et fori audientia dominam et reginam acclamare præcepit."[200]
By a strange coincidence it has been misconstrued by both writers independently. Mr. Freeman, as we saw, takes "præcepit" as referring to Henry himself, and so does Mr. Birch.[201] Though the sentence as a whole may be obscure, yet the passage quoted is quite clear. The words are "præcepit _se_," not "præcepit illam." Thus the proclamation, if made, was the doing of the Empress and not of the legate. Had the legate been indeed responsible, his conduct would have been utterly inconsistent. But as it is, the difficulty vanishes.[202]
To the double style, "domina et regina," I have made reference above. My object now is to examine this assumption of the style "regina" by the Empress. It might perhaps be urged that the author of the _Gesta_ cannot here be implicitly relied on. His narrative, however, is vigorous and consistent; it is in perfect harmony with the character of the Empress; and so far as the assumption of this style is concerned, it is strikingly confirmed by that Oxford charter, to which we are now coming. After her election (April 8), the Empress might claim, as queen elect, the royal title, but if that were excusable, which is granting much, its assumption before her election could admit of no defence. Yet, headstrong and impetuous, and thirsting for the throne, she would doubtless urge that her rival's fall rendered her at once _de facto_ queen. But this was as yet by no means certain. Stephen's brother, as we know, was talked of, and the great nobles held aloof. The Continuator, indeed, asserts that at Winchester (March) were "præsules pene totius Angliæ, barones multi, principes plurimi" (p. 130), but William, whose authority is here supreme, does not, though writing as a partisan of the Empress, make any allusion to their presence.[203] Moreover, the primate was still in doubt, and of the five bishops who were present with the legate, three (St. David's, Hereford, and Bath) came from districts under the influence of the Empress, while the other two (Lincoln and Ely) were still smarting beneath Stephen's action of two years before (1139).
