HOAR, No Constitutional Power to conquer Foreign Nations BURGESS, How may the United States govern its Extra-Continental APPENDICES CHAPTER I CORONATION OATH AND CHARTER SUGGESTIONS THIS Charter was published by Henry I. on his accession to the Crown. Copies were despatched to the several counties and deposited in the principal monasteries. The Charter is in form an amplification of his Coronation Oath, the exact words of which are found in the form used at the Coronation of King Ethelred II. [978-1016]. Before reading the Coronation Oath and Charter of Liberties of Henry I. the elementary history of Teutonic migration should be examined critically, and the causes which led the Teuton to settle in Britain should be noted. The partial amalgamation of the Teutonic people with the Celtic aborigines in Britain during the period of the Heptarchy; the strong characteristics of love of liberty and freedom of government which mark the race throughout its political history, and which are discoverable in their primitive institutions; the development of the land tenure; and the feudal system as individualized by William I. in organizing Norman rule in England; each of these essential historical conditions must be examined before this document and Henry's policy can be fully understood. The charter itself demands attention before other documents can be considered, because it contains, though possibly unnoticeable at the first reading, the great doctrine of the future the equality in rights of freemen. For Topics covering such expository reading note Essentials in Early Teutonic History, Appendix A. DOCUMENTS The Coronation Oath (1100) In the name of Christ I promise these three things William to the Christian people over whom I rule. In the Stubbs; Select Charters, 95, first place that I will endeavour and use all material translated by means in order that the Church of God and all the Henry A. Clapp, Clerk people of Christ may enjoy a true peace under our Sup. Jud. Ct. government for all time; next, that I will interdict of Mass. (1900) The Statutes of the Realm, by the king in his coro nation oath. This is the only legislative enact ment during robbery and all forms of injustice; third, that in all judicial proceedings I will advance justice and mercy, in order that to me and you the gracious and merciful God may extend his mercy. The Charter of Henry I. at his Coronation (1101) In the year of the Incarnation of our Lord one thousand one hundred and one. Henry, son of King William, after the death of his brother William, by the grace of God King of the English, to all the faithful sends greeting. 1. Know ye that I have been, by the mercy of God and by the barons in council, crowned king of this same kingdom of all England; and since the kingdom has been oppressed by unjust exactions I, through the fear of God and the love I have towards you, do in the first place make free the holy church of God, so that I will neither sell nor put to rent, nor upon the death of an archbishop or of a bishop or of an abbot will I accept anything from the demesne of the church or from its men until a successor has taken the place. And all evil customs by which the kingdom of England has been unjustly oppressed I will do away with,The Vassals: which evil customs I herein indicate: see Magna Charta, Art.ii "Men" wherever used in this charter means feudal dependents." Relief," a payment in money to the king by the incoming heir 2. If any one of my barons, or of my earls, or of any other vassal who hold their estates of me shall die, his heir shall not redeem his land as he did in the time of my brother, but shall relieve said land by just and lawful reliefs. In like manner the men of my barons shall relieve their lands from those of whom they hold, by a just and lawful relief. 3. And if any of my barons, or of any other of upon admis- my men, shall wish to give in marriage his daughter, sion into an or his sister, or his niece or other female relations, inheritance. let him consult me in the matter; but neither will This was de manded by I receive anything from him for the permission nor cessors. But will I forbid him to give her in marriage unless he Henry I., as shall wish to join her to one of my enemies. And by his predeif upon the death of a baron, or of any other of the promise here made is my men, a daughter shall survive as his heir I will a return to give her in marriage with her lands, after taking the equitable counsel of my barons. And if, upon the death old custom of a man, his wife shall survive and shall be cruel exacwithout children she shall have her dowry right to marry, and I will not give her in riage to any husband except in accordance her wish. instead of the and tions made in the reigns mar- of Wm. I. with and Wm. II. Marriage: see Magna 4. If a wife with children shall survive her hus- Charta, band, such a one shall have her dowry and right to Art. viii. marry whilst she properly preserves her relation (to the king as lord paramount), and I will not give her in marriage except in accordance with her wish. And the guardian of the estate and the children shall be either the wife or some one of the near kindred who ought justly so to be. And I direct that my barons conduct themselves in like manner towards the sons, daughters, or wives of their men. 66 Common 5. The common tribute for mintage which was collected through cities and counties and which was tribute" (monetagium) not known in the time of King Edward, this shall was a paynot be from henceforth, and I altogether forbid it. ment by the subjects to If any one, whether an officer of the mint or another, prevent debe taken with false money about him, let due justice preciation or be done in the matter. 6. All suits and dues which were owing to my brother I forgive, excepting my just rents, and excepting those which were agreed upon for the inheritances of others or for those properties which more justly pertained to others. And if any one has agreed to give anything on account of his own inheritance, that I forgive, together with all reliefs which were agreed to be given for actual inheritances. change of coinage. See Magna xxvii. The estate was to be distributed as the de to distribute 7. And if any of my barons or feudal dependents shall fall sick, according as he shall give away or shall arrange to give away his money, I concede that it shall be given. But if, prevented by military service or physical infirmity, he shall not give away his money or arrange to give it, his wife or children or relatives and lawful heirs shall divide it up for ceased ought the good of his soul as shall seem best to them. 8. If any of my barons or feudal dependents shall incur a forfeiture, he shall not give surety in the way of an arbitrary mulct of money as he did in the time of my father or my brother, but according to the mode of forfeiture he shall make reparation as he would have made it before my father's time, in the time of my other predecessors. But if he shall have been convicted of treason or an infamous crime, as shall be just so he shall make reparation. it, See Magna XX. The only unpopular clause in the charter. William I. Edward the Confessor, 1042. This article is really intended to protect the 9. All murders previous to the day of my coronation I pardon, and for those which shall be committed henceforth just reparation shall be made according to the law of King Edward. 10. The forests I have, with the general consent of my barons in council, retained in my own possession as my father held them. 11. To soldiers who hold their lands by knightly service I give such lands as of my own gift, all arable portions of the same to be free from all amercement and other burdens, that as they are thus substantially relieved they may keep themselves well furnished both with horses and arms for my service and the defence of my kingdom. 12. I establish and henceforth undertake to maintain a firm peace in all my kingdom. 13. I give back to you the law of King Edward, with those emendations which my father with the council of his barons made upon it. 14. If any one has taken aught from my property or the property of another since the death of my brother William, let it all be restored at once with |