THE CHARTER OF HENRY I. (1101).

=Source.=--Richard, Prior of Hexham, _De Gestis regis Stephani_, ed.

Howlett, vol. iii., p. 142. (Rolls Series--Chronicles of Stephen, Henry

II., and Richard I.)

Henry, by the grace of God king of the English, to all his faithful, as

well French as English, of the whole of England, greeting.

Know ye that I, by the mercy of God and by the common counsel of the

barons of the realm of England, have been crowned king of the same

realm. And because the realm was oppressed by unjust exactions, I, out

of reverence for God and out of the love which I have towards all of

you, grant first that the Holy Church of God be free, so that I will

neither sell it nor put it to farm, nor, upon the death of archbishop

or bishop or abbot, will I take aught of the lordship of the church or

of the men, until a successor enter therein. And all the evil customs,

with which the realm of England was unjustly oppressed, will I remove

therefrom. Which evil customs I set forth in part here.

If any of my barons or earls or others who hold of me shall die, his

heir shall not redeem his land as he did in the time of my brother, but

he shall relieve it with a lawful and just relief. In like manner the

men of my barons shall relieve their lands from their lords by a lawful

and just relief.

And if any of my barons or other men wish to give his daughter in

marriage, or his sister or niece or kinswoman, he shall speak with me

thereon. But neither will I take anything of his for licence herein,

nor will I forbid him from giving her in marriage, unless he wish to

unite her with my enemy. And if, upon the death of a baron or other

man of mine, his daughter be left heir, I will give her in marriage

with her land by the counsel of my barons. And if a husband die and

his wife be left and she have no children, she shall have her dower

and marriage, and I will not give her to a husband except according to

her will; and if a wife be left with children, she also shall have her

dower and marriage, so long as she live chastely, and I will not give

her in marriage except according to her will; and the guardian of the

children’s land shall be either the wife or another kinsman, who shall

have the juster claim. And I command that my barons behave in like

manner towards the sons or daughters or wives of their men.

The common moneyage which was taken by cities and by counties, which

also was not taken in the time of king Edward, I wholly forbid

henceforth. If any man be taken, whether moneyer or other man, with

false money, right justice shall be done thereon.

All pleas and all debts which were due to my brother, I pardon,

except my right farms, and except those which were agreed upon for

the inheritances of others, or for those matters for which others

were justly liable. And if any man have made any covenant for his own

inheritance, I pardon it, and all reliefs which were agreed upon for

right inheritances.

And if any of my barons or men shall fall sick, I grant that, as he

shall give his money, or dispose it to be given, it shall be so given.

But if he be prevented by battle or sickness and do not give his money

or dispose it to be given, his wife or children or kinsfolk, and his

lawful men, shall divide it for his soul as shall seem best to them.

And if any of my barons or men shall do amiss, he shall not pledge

his money by way of mercy, as he did in the time of my father or my

brother, but according to the manner of the fault, so shall he make

amends, as he would have made amends before the time of my father in

the time of other my predecessors. And if he be convicted of treason or

crime, he shall make amends in like manner.

I pardon also all murder-fines incurred before the day on which I was

crowned king. And for such as shall be made hereafter, amends shall be

made justly, according to the law of king Edward.

By the common consent of my barons I have retained the forests in my

hand as my father had them. Of my own gift I grant to the knights,

who do service for their lands by hauberk, the lands of their demesne

ploughs quit of all gelds and of all work, so that, as they have been

relieved at so great a burden, they may so equip themselves well with

horses and arms, that they may be prompt and ready for my service and

for the defence of my realm.

I establish a firm peace in the whole of my realm and command it to be

henceforth observed. I give back to you the law of king Edward, with

those amendments by which my father amended it by the counsel of his

barons.

If any man have taken aught of mine or of any other man since the death

of king William, my brother, the whole shall be restored speedily

without amends. And if any man shall retain aught thereof, he in whose

possession it shall be found shall make heavy amends to me.

Witness: Maurice bishop of London, and William bishop-elect of

Winchester, and Gerard bishop of Hereford, and Henry the earl, and

Simon the earl, and Walter Giffard the earl, and R. de Muntfort, and

Eudo the butler, and Roger Bigot. Fare ye well.

HENRY I.’S APOLOGY TO ANSELM FOR BEING CROWNED IN THE LATTER’S ABSENCE

(1100).

=Source.=--_Epistolæ Anselmi._

Henry by the grace of God king of the English to his most pious

spiritual father, Anselm archbishop of Canterbury, greeting and all

affection.

Know, dear father, that my brother king William is dead, and that I, by

the will of God, elected by the clergy and by the people of England,

and now consecrated king, though reluctantly by reason of your absence,

request you as my father, together with all the people of England,

that as soon as you can you come to give your counsel to me, your son,

and to the said people, the care of whose souls has been committed to

you. I commit myself and the people of the whole realm of England to

the counsel of you and of those who ought with you to give me counsel;

and I pray you not to be vexed that I have received the blessing as

king in your absence; for as touching that, I would have received it

more gladly from you than from any other. But necessity compelled, for

enemies wished to rise up against me and the people whom I have to

govern, and therefore my barons and the same people refused to permit

that it should be longer delayed; wherefore on that account I received

it from your vicars. Indeed I would have sent to you certain from my

side; by whom I would have also despatched some of my money to you, but

by the death of my brother the whole world was so unsettled touching

the kingdom of England, that they could not in any wise have come

safely to you. Therefore I recommend and warn you not to come through

Normandy but by Witsand, and I will cause my barons to meet you at

Dover and money to be brought to you; and you shall find resources, God

willing, wherefrom you shall be well able to repay any loan you have

received. Therefore, my father, make haste to come, that our mother

church of Canterbury, long troubled and desolate for your sake, suffer

no longer the desolation of souls. Witness bishop Gerard, and William,

bishop elect of Winchester, and William Warelwast, and earl Henry,

and Robert FitzHamon, and Hamon the sewer,[27] and others as well my

bishops as my barons. Farewell.

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