Note 1203 — Chapter VIII · HENRY DUKE OF THE NORMANS. 1149–1154.
Reading edition
“ ... Ferden te ærceb. and te wise men betwux heom and makede th. sahte th. te king sculde ben lauerd and king wile he liuede, and æfter his dæi ware Henri king; and he helde him for fader and he him for sune; and sib and sæhte sculde ben betwyx heom and on al Engleland. This and te othre forwuuardes thet hi makeden suoren to halden the king and te eorl and te b. and te eorles and rice men alle.” Eng. Chron., a. 1140. The accounts of Will. Newb., l. i. c. 30 (Howlett, vol. i. pp. 90, 91), R. Diceto (Stubbs), vol. i. p. 296, and Chron. Mailros, a. 1153, are to much the same effect. Rog. Howden (Stubbs, vol. i. p. 212) adds: “Rex vero constituit ducem justitiarium Angliæ sub ipso, et omnia regni negotia per ipsum terminabantur.” Stephen’s proclamation of the treaty is in Rymer’s Fœdera, vol. i. p. 18. Its date is Westminster, 1153, and it is in form of a writ addressed to the archbishops, bishops, barons, and all faithful subjects, proclaiming and notifying to them the treaty just made. The primary article, concerning the adoption of Henry as heir, is stated exactly as by the chroniclers. The remainder of the document relates entirely to details of homage done by prelates and barons to Henry, stipulations in behalf of Stephen’s son William, and arrangements for surrender of royal castles to Henry on Stephen’s death. Finally: “In negotiis autem regni ego consilio ducis operabor. Ego vero in toto regno Angliæ, tam in parte ducis quam in meâ, regalem justiciam exercebo.” By “the duke’s part” and “my part” Stephen probably meant simply the parts which each held at the moment; the whole clause seems to mean that the regal justice was to be exercised in his name and for his profit, but by Henry’s wisdom—which agrees very well with Rog. Howden’s statement.