The Women Behind Magna Carta

Magna Carta

Throughout my research into medieval women, two ladies in particular have popped up a number of times: Nicholaa de la Haye and Matilda de Braose. Their unique stories drew me into their world, and the turbulent times of King John. They were the spark that led me to look into the story of Magna Carta; how its clauses were influenced by women and how women used it to protect their own rights. Magna Carta was, perhaps, the first step on the long road to democracy in England, and many women played key roles in its creation and development.

The Magna Carta of 1215 reflects the needs and events of the time in which it was issued; an England on the brink of civil war, disaffected barons demanding redress, the Church and cities such as London looking for protection. It was drawn up by barons looking for redress and legal protection from a king whose word could no longer be trusted, who meted out arbitrary punishments and heavy taxes. It was not a charter that was intended to form the protection and legal rights of every man, woman and child in the land; though it has come to be seen as just that in subsequent centuries. Indeed, the common man does not get a mention, and of the sixty-three clauses, only eight of them mention women as a gender.

The significance of women in the Magna Carta story is not just their limited inclusion in the charter itself, but also in their experiences of the unsettled times in which they lived, in their influence on the charter itself and in their use of its clauses to exact redress for injustices they had experienced. The political crisis which saw the issuing of Magna Carta, and the civil war which followed, was not just significant to the barons involved, but to their wives and families, tenants and retainers. The conflict tore families apart as they took sides in the struggle and saw more than one baron change sides mid-crisis. Wives and daughters were caught in the middle, often torn by divided loyalties; between their birth family and the family into which they had married; between their fathers and their husbands. For instance, Matilda Marshal was the eldest daughter of William Marshal, a man known for his staunch loyalty to the crown, but she was married to Hugh Bigod, son of Roger, second Earl of Norfolk, one of the leaders of baronial opposition.

Tomb of Nicholaa de la Haye, St Michael’s Church, Swaton

Although they had very different experiences, they shared a number of similarities. Probably born within a few years of each other, they were contemporaries and both were key figures in the reign of King John, though for very different reasons. While Nicholaa de la Haye was a staunch supporter of the man who is, arguably, England’s most despised king in history, Matilda de Braose was one of his most female victims. Matilda’s family were harassed to Ireland and back by John, before she and her eldest son were left in a prison cell to starve to death; they were found after 11 days, Matilda’s head resting on her son’s chest, her son’s cheeks bearing the bite marks as evidence of lengths Matilda went to in her desperation to stay alive. It was Matilda’s experiences at the hands of King John that inspired clause 39 of Magna Carta, that clause that is still the cornerstone of British justice to this day:

‘No man shall be taken, imprisoned, outlawed, banished or in any way destroyed, nor will we proceed against or prosecute him, except by the lawful judgement of his peers or by the law of the land’

Nicholaa de la Haye, on the other hand, had been a long-time supporter of King John. She first successfully defended Lincoln Castle, in support of John, in the siege of 1191; the siege lasted 40 days before William Longchamp, the hated justiciar, gave up and went home. In 1216, Nicholaa successfully defended it again, this time paying off the rebel barons so that they would lift the siege. In the aftermath, John came north and ravaged the Isle of Axholme, where the barons had retreated to, with ‘fire and sword’. It was after this even that Nicholaa, now in her 60s and recently widowed, offered to relinquish custody of the castle. John refused to accept her resignation and in October, hours before his death, appointed Nicholaa Sheriff of Lincolnshire: she was the first ever female sheriff in England.

King John

Although Nicholaa de la Haye and Matilda de Braose were the major influences behind my book, Ladies of Magna Carta, they were not the only women to make an impression on the Magna Carta story. The deeper I dug, the more stories I uncovered that deserved to be told. Matilda’s own daughter, Loretta de Braose, was one such. Recently widowed following the death of her husband, Robert de Breteuil, Earl of Leicester, Loretta had been forced by John to relinquish her dower rights; Magna Carta clauses 7 and 8 of Magna Carta, protecting widows’ rights:

Clause 7:

After her husband’s death, a widow shall have her marriage portion and her inheritance at once and without any hindrance; nor shall she pay anything for her dower, her marriage portion, or her inheritance which she and her husband held on the day of her husband’s death; and she may stay in her husband’s house for 40 days after his death, within which period her dower shall be assigned to her.

Clause 8:

No widow shall be compelled to marry so long as she wishes to live without a husband, provided that she gives security that she will not marry without our consent if she holds of us, or without the consent of the lord of whom she holds, if she holds of another.

Furthermore, there are two women who can be clearly identified in Magna Carta itself, though they are not named, they are two Scottish princesses. The sisters of King Alexander II had been held hostage in England since 1209, when John forced the humiliating Treaty of Norham on their ailing father, King William the Lion. Clause 59 promised:

‘We will treat Alexander, king of Scots, concerning the return of his sisters and hostages and his liberties and rights in the same manner in which we will act towards our other barons of England, unless it ought to be otherwise because of the charters which we have from William his father, formerly king of Scots; and this shall be determined by the judgement of his peers in our court.

Women not only influenced the clauses of Magna Carta, however, they also used Magna Carta to assert and protect their own rights. Women such as Ela of Salisbury, who used the promises of Magna Carta to avoid an unwelcome marriage proposal when her husband, William Longspée was missing and feared dead. Or Isabel d’Aubigny, Countess of Arundel, who proclaimed ‘Where are the liberties of England, so often recorded, so often granted and so often ransomed’, when King Henry III foolishly attempted to steal land that was rightfully hers. She must have been a fearsome opponent, as Henry responded to one of her petitions, saying that he would grant her leniency ‘so long as she says nothing opprobrious to us as she did when we were at Westminster!’

Eleanor de Montfort

And then there were the women for whom Magna Carta offered no protection or respite. Women such as Eleanor of Brittany, for whom even clause 39 could be of no help. Their royal blood and ability to be a focus for opposition to the crown meant that successive kings would keep them imprisoned, either in castles, as with Eleanor, or in a rural convent, as with Gwenllian of Wales, orphan daughter of Llywelyn, Prince of Wales and his wife, Eleanor de Montfort, who was herself a granddaughter of King John.

It was Eleanor’s mother, also Eleanor, the youngest daughter of King John and not a year old at her father’s death, who, as the wife of Simon de Montfort, Earl of Leicester, would continue the struggle to curb the powers of the crown in the Second Barons’ War. She herself was defending Dover Castle when her husband was killed at the Battle of Evesham. She spent her final years in French exile. Her struggles to obtain her dower lands from the powerful Marshal family, guaranteed in Magna Carta, were a major component of Eleanor’s own dissatisfaction with her brother, Henry III.

It is through the stories of these remarkable women and the relationships of the various noble families of the 13th century, that I wanted to examine how they were affected by the First Barons’ Wars, Magna Carta and its aftermath. It is a study of the bonds that were formed and those that were broken among the women of the great families of 13th century England, including the royal families of England and Scotland, the Marshals, the Bigods, the Salisburys, Braoses and Warennes.

Their stories are inspirational, if heartbreaking at times.

Images:

Courtesy of Wikipedia except Nicholaa de la Haye which is ©2023 Sharon Bennett Connolly FRHistS

Sources:

Richard of Devizes, The Chronicle of Richard of Devizes; Roger of Howden (Hoveden), The Annals of Roger of HowdenThe Plantagenet Chronicles edited by Elizabeth Hallam; Brassey’s Battles by John Laffin; 1215 The Year of Magna Carta by Danny Danziger & John Gillingham; The Life and times of King John by Maurice Ashley; The Plantagenets, the Kings Who Made England by Dan Jones; England Under the Norman and Angevin Kings  by Robert Bartlett; lincolnshirelife.co.uk; catherinehanley.co.uk; magnacarta800th.com; lothene.org; lincolncastle.com; The Sheriff: The Man and His Office by Irene Gladwin; Louise Wilkinson, Women in Thirteenth Century Lincolnshire; Richard Huscraft, Tales from the Long Twelfth Century; J.W.F. Hill, Medieval Lincoln; swaton.org.uk; oxforddnb.com; Stephen Church, King John: England, Magna Carta and the Making of a Tyrant; Marc Morris, King John; Pipe Rolls; Red Book of the Exchequer

My Books

Signed, dedicated copies of all my books are available through my online store.

Out nowKing John’s Right-Hand Lady: The Story of Nicholaa de la Haye

In a time when men fought and women stayed home, Nicholaa de la Haye held Lincoln Castle against all-comers, gaining prominence in the First Baron’s War, the civil war that followed the sealing of Magna Carta in 1215. A truly remarkable lady, Nicholaa was the first woman to be appointed sheriff in her own right. Her strength and tenacity saved England at one of the lowest points in its history. Nicholaa de la Haye is one woman in English history whose story needs to be told…

King John’s Right-Hand Lady: The Story of Nicholaa de la Haye is now available from Pen & Sword Booksbookshop.org and Amazon.

Coming 15 January 2024: Women of the Anarchy

On the one side is Empress Matilda, or Maud. The sole surviving legitimate child of Henry I, she is fighting for her birthright and that of her children. On the other side is her cousin, Queen Matilda, supporting her husband, King Stephen, and fighting to see her own son inherit the English crown. Both women are granddaughters of St Margaret, Queen of Scotland and descendants of Alfred the Great of Wessex. Women of the Anarchy demonstrates how these women, unable to wield a sword, were prime movers in this time of conflict and lawlessness. It show how their strengths, weaknesses, and personal ambitions swung the fortunes of war one way – and then the other.

Available for pre-order from Amberley Publishing and Amazon UK.

Also by Sharon Bennett Connolly:

Defenders of the Norman Crown: The Rise and Fall of the Warenne Earls of Surrey tells the fascinating story of the Warenne dynasty, of the successes and failures of one of the most powerful families in England, from its origins in Normandy, through the Conquest, Magna Carta, the wars and marriages that led to its ultimate demise in the reign of Edward III. Defenders of the Norman Crown: Rise and Fall of the Warenne Earls of Surrey is now available from Pen & Sword BooksAmazon in the UK and US, and  Bookshop.org.

Ladies of Magna Carta: Women of Influence in Thirteenth Century England looks into the relationships of the various noble families of the 13th century, and how they were affected by the Barons’ Wars, Magna Carta and its aftermath; the bonds that were formed and those that were broken. It is now available in paperback and hardback from Pen & Sword,  Amazon, and Bookshop.org.

Heroines of the Medieval World tells the stories of some of the most remarkable women from Medieval history, from Eleanor of Aquitaine to Julian of Norwich. Available now from Amberley Publishing and Amazon, and Bookshop.org.

Silk and the Sword: The Women of the Norman Conquest traces the fortunes of the women who had a significant role to play in the momentous events of 1066. Available now from Amazon,  Amberley Publishing, and Bookshop.org.

Alternate Endings: An anthology of historical fiction short stories including Long Live the King… which is my take what might have happened had King John not died in October 1216. Available in paperback and kindle from Amazon.

Podcast:

Have a listen to the A Slice of Medieval podcast, which I co-host with Historical fiction novelist Derek Birks. Derek and I welcome guests, such as Bernard Cornwell, and discuss a wide range of topics in medieval history, from significant events to the personalities involved.

*

Signed and dedicated copies of all my books are available through my online store.

For forthcoming online and in-person talks, please check out my Events Page.

You can be the first to read new articles by clicking the ‘Follow’ button, liking our Facebook page or joining me on Twitter and Instagram.

©2023 Sharon Bennett Connolly FRHistS

8 thoughts on “The Women Behind Magna Carta

  1. Mary Ames Mitchell 27/08/2023 / 14:49

    Dear Sharon

    Thanks for another great article. I’ve ordered your book Heroines of the Medieval World which is on its way to my house. Can’t wait.

    I’ve told you that Nicholaa is my ancestor. So are Matilda de Braose and King John.

    I was just finishing this little write up for my page in my family tree on Llewelyn the Great’s family when I got your email. The roman numerals are mine to match my timeline for the de Braose family and keep all the William de Braoses straight.

    It is so difficult getting all these facts straight. I don’t see how you do it. But I sure appreciate it.

    Best, Mary Ames Mitchell

    We met Llywelyn the Great above through his daughter Marared’s second husband, Walter III de Clifford. Here we find Marared with h#1 John de Braose, son of William de Braose, 4th Earl of Bramber. The de Braose family had a dramatic relationship with Llywelyn the Great of Wales and King John of England. Llywelyn (b. c.1173) was Prince of Gwynedd from 1195 to his death in 1240. William de Braose was a generation older (b. betw.1144 & 1453). King John was in the middle (b. 1166). We described on the de Braose family page above how William de Braose III was a favorite of King John. Llywelyn married King John’s illegitimate daughter, Joan (c.1191-1237) who was about 18 years younger than Llywelyn and probably the mother of our Marared (b.c.1202). Marared married William de Braose’s son John (1197-1232) in 1219. If these dates are correct, Joan was only eleven or twelve years old when she gave birth to Marared. We also described how in 1203, William de Braose III fell out with King John when William’s wife, Maude, openly stated that King John had murdered his nephew Arthur of Brittany. When King John went after William III and his family, William III teamed up with Llywelyn in Wales who was fighting against King John. After William III fled to France, where he died shortly after, King John chased down and murdered William III’s wife, Maude, and their son William IV. William IV’s four sons (the aforementioned John who would marry Marared), Giles II, Philip, and Walter) were kept prisoners. The boys were released in 1212 and whisked away to hide with their uncle, William III’s younger brother Giles I, Bishop of Hereford, who had also been exiled to France like William III. Giles I was able to make peace with King John but died on 13 Nov 1215 before he could recover William III’s estate. The next brother in line, Reginald de Braose (b.1182) grabbed the lands that Giles I didn’t claim and kept them. Now we get to the dramatic part. Reginald had m#1 Graecia and had a son whom he named after his brother, William de Braose. The Welsh hated this younger William and called him Gwilym Ddu [Black William]. In 1228, the Welsh princes captured Black William because he was fighting against them. The conniving Black William changed sides, allied with Llywelyn, and arranged for his six-year-old daughter Isabella (c.1222-c.1248) to marry Llywelyn’s twelve-year-old heir Dafydd (David, 1212-1246—the first real Prince of Wales). At Easter of 1230, Black William visited Llywelyn’s court. During the visit, he was found in Llywelyn’s chamber together with Llywelyn’s wife, our Joan, who was about six years older than Black William. Llywelyn had Black William hanged and threw Joan in prison. He then wrote to Black William’s wife, Eva, to see if the marriage of their children should still take place. Eva said yes. So, Llywelyn’s son Dafydd married Isabella and their children inherited all the de Braose estates. As we show on this page, our John de Braose (William IV’s oldest son), married Llywelyn’s daughter Marared. And, to make these families more complicated, when Reginald’s wife Graecia died, Reginald married as w#2 Llywelyn’s daughter (and Marared’s sister) Gwladus Ddu (1206-1251) who was 24 years his junior. After Reginald died in 1228, 12 years before Llywelyn, Gwladus Ddu m#2 the Norman lord Ralph de Mortimer. After John de Braose died age 32 in 1232, Marared married as her h#2 our Norman lord Walter III de Clifford (above). Llywelyn had meanwhile forgiven Joan and restored her rights as a princess. When she died in 1237, it “caused Llywelyn great grief.” He had a stroke soon after, then died in 1240. Llywelyn had made an arrangement with England. He could rule Wales as he saw fit, but he had to pay homage to the English monarch. After Llywelyn died, England became the monarch of Wales. Every Prince of Wales is now English.

    >

    Like

  2. Cate Parke 27/08/2023 / 15:30

    I have long enjoyed your website and am hoping you’ll continue. I was especially interested in your story of Magna Carta today. I found it more remarkable than I would have guessed. You broke the Middle English into modern English, for one, which made it possible to read. Thank you for sending it along to me and everyone else who loves medieval history.

    Like

  3. foodinbooks 28/08/2023 / 17:01

    Wonderful post! I’d never really considered the role that women played in the Magna Carta, so thank you for enlightening me. Nicolaa in particular is a fascinating character. Such amazing lives and impact they had and that still influences us today.

    Like

  4. Nicola Niemc 31/08/2023 / 10:42

    Another great post! I did wonder, if Matilda de Braose’s experiences inspired clause 39, ‘No man shall be taken, imprisoned…’, would she, and other women, be covered by the clause, as it only mentions men?

    Like

    • Sharon Bennett Connolly 31/08/2023 / 10:55

      Not necessarily, unfortunately. Eleanor of Brittany certainly didn’t benefit from the clause – neither did Gwenllian, princess of Wales. But then, even men failed to benefit initially. At the outset, Magna Carta was very much a ‘work in progress’ and it took a while for clauses 39 and 40 to be firmly established in law.

      Liked by 1 person

Leave a comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.