Charter of Liberties
Encyclopedia
The Charter of Liberties, also called the Coronation Charter, was a written proclamation by Henry I of England
Henry I of England
Henry I was the fourth son of William I of England. He succeeded his elder brother William II as King of England in 1100 and defeated his eldest brother, Robert Curthose, to become Duke of Normandy in 1106...

, issued upon his accession to the throne in 1100. It sought to bind the King to certain laws regarding the treatment of church officials and nobles. It is considered a landmark document in English legal history and a forerunner of Magna Carta
Magna Carta
Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...

.

The document addressed abuses of royal power by his predecessor, his brother William Rufus
William II of England
William II , the third son of William I of England, was King of England from 1087 until 1100, with powers over Normandy, and influence in Scotland. He was less successful in extending control into Wales...

, as perceived by the nobility, specifically the over-taxation of the barons, the abuse of vacant sees
Episcopal See
An episcopal see is, in the original sense, the official seat of a bishop. This seat, which is also referred to as the bishop's cathedra, is placed in the bishop's principal church, which is therefore called the bishop's cathedral...

, and the practices of simony
Simony
Simony is the act of paying for sacraments and consequently for holy offices or for positions in the hierarchy of a church, named after Simon Magus , who appears in the Acts of the Apostles 8:9-24...

 and pluralism.

The charter of liberties was generally ignored by monarchs until in 1213 Archbishop Langton
Stephen Langton
Stephen Langton was Archbishop of Canterbury between 1207 and his death in 1228 and was a central figure in the dispute between King John of England and Pope Innocent III, which ultimately led to the issuing of Magna Carta in 1215...

 reminded the nobles that their liberties had been guaranteed over a century prior in Henry I's Charter of Liberties.

Background leading to the Charter of Liberties

Henry I of England
Henry I of England
Henry I was the fourth son of William I of England. He succeeded his elder brother William II as King of England in 1100 and defeated his eldest brother, Robert Curthose, to become Duke of Normandy in 1106...

, nicknamed Beauclerk, was the fourth and youngest son of William the Conqueror by his queen Matilda of Flanders
Matilda of Flanders
Matilda of Flanders was the wife of William the Conqueror and, as such, Queen consort of the Kingdom of England. She bore William nine/ten children, including two kings, William II and Henry I.-Marriage:...

. The name Beauclerk was given because Henry was well educated, being able to read and write Latin, and possessed a knowledge of English law and natural history. He had received 5000 pounds of silver from his father, but no land holdings. He used this to purchase a district in Contentin in Normandy
Normandy
Normandy is a geographical region corresponding to the former Duchy of Normandy. It is in France.The continental territory covers 30,627 km² and forms the preponderant part of Normandy and roughly 5% of the territory of France. It is divided for administrative purposes into two régions:...

 for 3000 pounds from his brother, Robert of Normandy. The latter had been given the Duchy of Normandy by his father, William the Conqueror, but had fallen into pecuniary difficulty. Various political intrigues occurred in France, which led to the imprisonment of Henry for two years by his other brother William Rufus, who had taken the throne of England upon the death of their brother, Richard. William Rufus assumed the name William II of England
William II of England
William II , the third son of William I of England, was King of England from 1087 until 1100, with powers over Normandy, and influence in Scotland. He was less successful in extending control into Wales...

. Robert of Normandy left for the Crusade in 1096. Henry pledged an oath of fealty to Rufus who came to hold Normandy in the absence of Robert. Rufus William II of England
William II of England
William II , the third son of William I of England, was King of England from 1087 until 1100, with powers over Normandy, and influence in Scotland. He was less successful in extending control into Wales...

 died while hunting on August 2, 1100, killed by an arrow). Henry was present on this hunting trip. This was similar to the way the eldest son of William I, Richard, had died in 1081. The death of William II and the power vacuum from Robert’s absence allowed Henry to claim the English Crown in 1100.

Henry was immediately faced with three political problems: (1) His earls and barons did not accept him. (2) There was antagonism from the Church, especially related to Henry's opposition to Anselm of Canterbury
Anselm of Canterbury
Anselm of Canterbury , also called of Aosta for his birthplace, and of Bec for his home monastery, was a Benedictine monk, a philosopher, and a prelate of the church who held the office of Archbishop of Canterbury from 1093 to 1109...

. (3) The native Anglo-Saxon population was not receptive to the new king.

Henry made concessions to the Church by reconciling with Anselm. He accepted as his wife Edith, who was of mixed Anglo-Scots heritage and the daughter of Malcolm III, King of the Scots. This garnered great favor with the Anglo-Saxon population which viewed Edith as one of their own. The choice displeased the barons and earls. Edith changed her name to the Norman Mathilda. In order to mollify them, Henry entered into an agreement with the barons and earls. The Charter of Liberties was that agreement.

Summary of the Charter

After a traditional greeting, the Charter of Liberties contained fourteen declarations: These are summarized as follows:

Henry, king of the English, to Bishop Samson and Urso de Abetot and all his barons and faithful, both French and English, of Worcestershire, [copies were sent to all the shires] greeting.
The full text of the Charter of Liberties of Henry I, 1100, issued by the King when he ascended the throne is found below under external sources. The Charter recognised that the King granted the laws, of Edward the Confessor, as amended by William the Conqueror, to the people.

Results of the Charter

William the Conqueror had been a great admirer of the laws of Edward the Confessor
Edward the Confessor
Edward the Confessor also known as St. Edward the Confessor , son of Æthelred the Unready and Emma of Normandy, was one of the last Anglo-Saxon kings of England and is usually regarded as the last king of the House of Wessex, ruling from 1042 to 1066....

. He had reformed many laws in an effort to make the law of Edward the common law of England, while establishing a strong Norman rule and custom. During the whole Norman period, there was little legislation. William Rufus had issued a charter in 1093. It proclaimed the freedom of the people and was done at a time when Rufus was ill and fearing death. This has been lost to history. It is believed to have freed prisoners, forgiven debts and assured that holy and good laws would be maintained. Whatever promises William Rufus made, he quickly broke after he recovered his health.

When Henry I assumed the throne in 1100, he was forced to make many concessions to the barons and earls. This formed the basis of the Charter of Liberties. Henry sent a strong message. He was returning to his father’s ways, which were viewed with great nostalgia. The perceived abuses of William II were to be abolished. The corruption and larceny of reliefs, wardships, marriages, murder fines and so forth, was to end. Debts and past offences were to be forgiven. The demesne lands and military tenants were to be freed from the danegold of Danelaw
Danelaw
The Danelaw, as recorded in the Anglo-Saxon Chronicle , is a historical name given to the part of England in which the laws of the "Danes" held sway and dominated those of the Anglo-Saxons. It is contrasted with "West Saxon law" and "Mercian law". The term has been extended by modern historians to...

. Above all, the “laga Eadwardii” Law of Edward the Confessor, as amended by William the Conqueror would be restored. The proclamation was made with the assumption that the barons would make the same concessions to their tenants as the king had promised to them. Plucknett is of the opinion that this good will probably did flow down the feudal chain. The Charter was not legislation, but rather a promise to return to the law, as it existed in the time of William the Conqueror, and had been corrupted by William Rufus. The promises made in the Charter could not be enforced. There is ample evidence that Henry I ignored them. The Pipe Rolls
Pipe Rolls
The Pipe rolls, sometimes called the Great rolls, are a collection of financial records maintained by the English Exchequer, or Treasury. The earliest date from the 12th century, and the series extends, mostly complete, from then until 1833. They form the oldest continuous series of records kept by...

 which came thirty-one years into Henry’s reign indicate he had extended the power of the crown well beyond the limits set in the Charter of 1100. The establishment of the Exchequer
Exchequer
The Exchequer is a government department of the United Kingdom responsible for the management and collection of taxation and other government revenues. The historical Exchequer developed judicial roles...

, ostensively to end corruption and fraud in the taking and holding of taxes, in reality led to greater power of the crown. The direction of its chief minister, Bishop Roger of Salisbury evolved the law for tenants in chief which became the harshest and most severe in Europe. This occurred silently, and placed precedent upon precedent. Early in his reign, Henry issued a writ declaring the county and hundred courts should be held like in the days of Edward the Confessor. These had the result of bringing the ancient traditional tribunals in accordance with newer Norman methods. We are told by chroniclers that Henry legislated about theft, restored capital punishment (which had been suspended for a great many crimes by William Rufus), harshly treated utterers of bad money and rapacious exactions of his courtiers. He made his roving court and army the terror of every neighborhood. Henry made the measure of his own arm the standard ell.

The drowning of his son, William, in the accident of the White Ship
White Ship
The White Ship was a vessel that sank in the English Channel near the Normandy coast off Barfleur, on 25 November 1120. Only one of those aboard survived. Those who drowned included William Adelin, the only surviving legitimate son and heir of King Henry I of England...

 in 1120, led to the end of Norman dynasty. Stephen of England
Stephen of England
Stephen , often referred to as Stephen of Blois , was a grandson of William the Conqueror. He was King of England from 1135 to his death, and also the Count of Boulogne by right of his wife. Stephen's reign was marked by the Anarchy, a civil war with his cousin and rival, the Empress Matilda...

 was able to wrest the throne in 1135. He would be the last Norman king. His reign, and battles with Matilda the daughter of Henry I, led to The Anarchy
The Anarchy
The Anarchy or The Nineteen-Year Winter was a period of English history during the reign of King Stephen, which was characterised by civil war and unsettled government...

.
Plucknett describes the Charter of Liberties as a forerunner to legislation in later years. There was no legislation as such either under the Saxons or the Normans. The Charter was a great concession, born of political need. Large portions of the charter were a withdrawal of practices which were of questionable legality, and corrosive politically. Various feudal dues, instead of being arbitrary and ad hoc, were declared to be reduced to reasonable limits.
The Charter led to an obscure decree of Stephen (1135-1154), the statutum decretum that established where there was no son, daughters would inherit. This was remarkable in its day, and pre-dated the reforms of Henry II of England
Henry II of England
Henry II ruled as King of England , Count of Anjou, Count of Maine, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. Henry, the great-grandson of William the Conqueror, was the...

.

The problems with the Church had been brewing for some time. William the Conqueror had tried to invest bishops with his temporal seal. Pope Gregory VII
Pope Gregory VII
Pope St. Gregory VII , born Hildebrand of Sovana , was Pope from April 22, 1073, until his death. One of the great reforming popes, he is perhaps best known for the part he played in the Investiture Controversy, his dispute with Henry IV, Holy Roman Emperor affirming the primacy of the papal...

 in 1075 had prohibited lay investiture, holding the Church was independent of the state. A long struggle ensued. This was still going on when Henry I assumed the throne, and entered into open conflict with Anselm. This conflict was moderated and ameliorated by the canon lawyer Ivo of Chartres
Ivo of Chartres
Saint Ivo ' of Chartres was the Bishop of Chartres from 1090 until his death and an important canon lawyer during the Investiture Crisis....

. It was agreed that Henry could observe the selection of bishops, without interference. This accord was extended to all of Europe by 1122. The Concordat of Worms
Concordat of Worms
The Concordat of Worms, sometimes called the Pactum Calixtinum by papal historians, was an agreement between Pope Calixtus II and Holy Roman Emperor Henry V on September 23, 1122 near the city of Worms...

 in 1122 did not last, but only changed the nature of tension between Church and State, which exists to this day. The government of Henry I at Westminster
Palace of Westminster
The Palace of Westminster, also known as the Houses of Parliament or Westminster Palace, is the meeting place of the two houses of the Parliament of the United Kingdom—the House of Lords and the House of Commons...

 became exquisitely effective. The mechanism of Norman government needed a strong hand. Stephen was not up to it. Henry’s death was viewed as a great tragedy for several centuries:


“Then there was tribulation soon in the land, for every man that could forthwith robbed another...A good man (Henry I) he was, there was great awe of him. No man durst misdo against another in his time. He made peace for man and beast. Whoso bare his burden of gold and silver, no man durst say aught but good.”


During the lawlessness which occurred in the reign of Stephen, Henry I came to be known as the "Lion of Justice", a title that he probably deserved.

The Charter of Liberties gave precedent to the Magna Carta
Magna Carta
Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...

 and Great Charter of 1217 at the end of the reign of John of England
John of England
John , also known as John Lackland , was King of England from 6 April 1199 until his death...

, and the beginning of that of the child Henry III of England
Henry III of England
Henry III was the son and successor of John as King of England, reigning for 56 years from 1216 until his death. His contemporaries knew him as Henry of Winchester. He was the first child king in England since the reign of Æthelred the Unready...

.

External sources

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK