10 Facts About Women and Magna Carta

Magna Carta

Magna Carta is probably the most significant charter in English history and, today, its importance extends beyond England’s shores, holding a special place in the constitutions of many countries around the world. Despite its age, Magna Carta’s iconic status is a more modern phenomena, seen in the influence it has had on nations and organisations throughout the world, such as the United States of America and the United Nations, who have used it as the basis for their own 1791 Bill of Rights and the 1948 Universal Declaration of Human Rights, respectively.

Originally called the Charter of Liberties, it was renamed Magna Carta, or Great Charter, in 1217, when the Charter of the Forest (see Appendix C) was issued. Sealed (not signed) in the meadow at Runnymede in June 1215, the legacy of Magna Carta, down through the centuries, has enjoyed a much greater impact on history and the people of the world than it did at the time of its creation. As a peace treaty between rebellious barons and the infamous King John, it was an utter failure, thrown out almost before the wax seals had hardened, not worth the parchment it was written on.

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 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. Only one clause uses the word femina – woman – and that is a clause which restricts the rights and powers of a woman, rather than upholding them.

10 Facts About Women and Magna Carta

1. As queen, Isabelle d’Angoulême is mentioned in Clause 61, the security clause of Magna Carta:

Seal of Isaballe d’Angoulême

…And if we or our justiciar, should we be out of the kingdom, do not redress the offence within forty days from the time it was brought to the notice of us or our justiciar, should we be out of the kingdom, the aforesaid four barons shall refer the case to the rest of the twenty-five barons and those twenty-five barons with the commune of all the land shall distrain and distress us in every way they can, namely by seizing castles, lands and possessions, and in such other ways as they can, saving our person and those of our queen and our children, until, in their judgement, amends have been made; and when it has been redressed they are to obey us as they did before…

2. Other than Isabelle d’Angoulême, only 2 women can be positively identified in the text of Magna Carta. Though they are not named, the Scottish princesses, Isabella and Margaret appear in clause 59 as the ‘sisters’ of Alexander II, King of Scots:

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.

3. Magna Carta restricts the right of women to accuse others of murder. Clause 54 states: 

‘No one shall be taken or imprisoned upon the appeal of a woman for the death of anyone except her husband.’

King John

In a time when a man had the right to face his accuser in trial by combat to prove his innocence, this right would be automatically removed if his accuser was a woman; women were not allowed to use force of arms. A female accuser was seen as being able to circumvent the law, and therefore the law was open to abuse. It was merely that a woman may make a false accusation, rather that a woman may be manipulated by her menfolk to make an accusation, knowing that she would not be required to back it up by feat of arms. Whereas her husband, father or brother may have been challenged to do just that.

Clause 54 was used on 5 July 1215, when King John ordered the release of Everard de Mildeston, an alleged murderer. Everard had been accused of the murder of her son, Richard, by Seina Chevel. The charge was therefore forbidden under the terms of Magna Carta, and the accused released.

4. The experiences of Loretta de Braose are believed to have inspired Clauses 7 and 8, which sought to protect the rights of widows. Clause 7 established that:

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.’

5. Clause 8 allowed that a widow was to be free to choose whether or not to remarry, so long as she paid for the privilege:

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.’

The clauses protecting widows were intended to protect the inheritances of underage heirs, rather than the rights of the women themselves.

6. Clause 11 protects a wife from having to repay the debts of her dead husband from her dower:

And if a man dies owing a debt to the Jews, his wife may have her dower and pay nothing of that debt; and if he leaves children under age, their needs shall be met in a manner in keeping with the holding of the deceased; and the debts shall be paid out of the residue, saving the service due to the lords. Debts owing to others than Jews shall be dealt with likewise.’

7. Clause 12 allows the king to raise a ‘reasonable’ aid or scutage (taxes) to pay towards the first marriage of his eldest daughter:

Joan of England, King John’s oldest daughter

No scutage or aid shall be levied in our realm except by the common counsel of our realm, unless it is for the ransom of our person, the knighting of our eldest son or the first marriage of our eldest daughter; and for these only a reasonable aid is to be levied. Aids from the city of London are to be treated likewise.’

8. Clause 15 allows that no lord could raise a tax from his free men except to ransom his person, knight his eldest son and marry his eldest daughter once:

Henceforth we will not grant anyone that he may take an aid from his free men except to ransom his person, to make his eldest son a knight and to marry his eldest daughter once; and for these purposes only a reasonable aid is to be levied.’

9. The fate of Matilda de Braose, left to starve to death in John’s dungeons, is thought to have influenced clauses 39 and 40 of Magna Carta. Clause 39 states;

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.

Clause 40 promised:

To no one will we sell, to no one will we deny or delay right or justice.’

Clause 39 could not prevent the perpetual imprisonment of women of royal blood, such as Eleanor of Brittany and Gwenllian of Wales. Their royal blood made them a focus for rebellion and opposition and therefore a threat to the throne and the stability of the kingdom.

10. Ela of Salisbury used clause 8 of Magna Carta to support her rejection of an unwelcome offer of marriage:

No widow is to be distrained to marry while she wishes to live without a husband.’

11. Clause 6 of Magna Carta dictated that

Heirs shall be given in marriage without disparagement, yet so that before a marriage is contracted it shall be made known to the heir’s next of kin.’

This clause should have effectively protected women from being forced to marry below their station.

12Isabel d’Aubigny famously invoked Magna Carta when Henry III commandeered land and rights that were rightly hers, proclaiming; 

‘Where are the liberties of England, so often recorded, so often granted, and so often ransomed?’

13. The Rt. Hon. Fiona Woolf, C.B.E., called Magna Carta

the single most important legal document in history. The foundation for global constitutions, commerce and communities. The anchor for the Rule of Law.’ 

You may have noticed that there were 13 facts, rather than the 10 as advertised – my apologies. I got carried away!

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Sources:

Rich Price, King John’s Letters Facebook group; Robert Bartlett England Under the Norman and Angevin Kings 1075-1225; Dan Jones The Plantagenets; the Kings who Made EnglandThe Plantagenet Chronicle Edited by Elizabeth Hallam; Maurice Ashley The Life and Times of King John; Roy Strong The Story of BritainOxford Companion to British History; Mike Ashley British Kings & Queens; David Williamson Brewer’s British Royalty; Ralph of Diceto, Images of History; Marc Morris, King John; David Crouch, William Marshal; Crouch and Holden, History of William Marshal; Crouch, David, ‘William Marshal [called the Marshal], fourth earl of Pembroke (c. 1146–1219)’, Oxforddnb.com; Flanagan, M.T., ‘Isabel de Clare, suo jure countess of Pembroke (1171×6–1220)’, Oxforddnb.com; Thomas Asbridge, The Greatest Knight; Chadwick, Elizabeth, ‘Clothing the Bones: Finding Mahelt Marshal’, livingthehistoryelizabethchadwick.blogspot.com; Stacey, Robert C., ‘Roger Bigod, fourth earl of Norfolk (c. 1212-1270)’, Oxforddnb.com; finerollshenry3.org.uk; Vincent, Nicholas, ‘William de Warenne, fifth earl of Surrey [Earl Warenne] (d. 1240)’, Oxforddnb.com.

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My Books:

Signed, dedicated copies of all my books are available, please get in touch by completing the contact me form.

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, Bookshop.org and Book Depository.

1 family. 8 earls. 300 years of English history!

Also by Sharon Bennett Connolly:

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 & SwordAmazonBookshop.org and from Book Depository worldwide.

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, Bookshop.org and Book Depository.

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, Bookshop.org and Book Depository.

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.

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©2022 Sharon Bennett Connolly

Introducing the Earls of Warenne and Surrey

William de Warenne, 1st Earl of Warenne and Surrey, Trinity Church, Southover

The Warenne earls of Surrey were a fascinating family, right at the heart of English history and politics for almost 300 years, from the time of the Norman Conquest to the reign of Edward III. They held lands throughout England, acted as justiciars, sheriffs and generals – and yet, few people know their story.

But who were they?

William I de Warenne was rewarded for his support of King William II in the 1088 rebellion with the earldom of Surrey. However, the earls thereafter were as often referred to as the earls of Warenne – or the familial Earl Warenne, rather than earls of Surrey. The earldoms of Sussex and Strathearn (Scotland) were later added to these titles. As they appear to have preferred the simple familial title of Earl Warenne, that is how I have chosen to refer to them, except when establishing their titles. The Warenne’s extensive lands were spread over 13 counties and spanned the country from Lewes on the south coast to their castles of Conisbrough and Sandal in Yorkshire, with their family powerbase in East Anglia, where they built a magnificent priory, castle and medieval village at Castle Acre.

Wakefield, including Sandal Castle, appears to have come into the hands of the Warenne family at some point before 1121, during the tenure of the 2nd Earl Warenne. It is possible that they were acquired possibly in an exchange of lands with William Meschin, who had taken control of the Warenne holdings of Kimbolton in Huntingdonshire and Dean in Bedfordshire some time before 1130.

The family mausoleum was at St Pancras Priory in Lewes, founded by the first earl and his wife, Gundrada. It is the burial place of all but two subsequent earls and numerous other family members, as well as several earls of Arundel and their countesses.

For almost 300 years the Warenne earls of Surrey were some of the most influential men in the country, but the family died out rather ingloriously, with the seventh – and last – earl’s marital difficulties. Despite a prestigious marriage to a granddaughter of the king of England, John de Warenne, 7th Earl Warenne, died with no legitimate son to succeed him, though he had numerous acknowledged illegitimate children to whom he had given the family name.

Gundrada de Warenne, wife of the 1st earl

The first Warenne earl, William de Warenne, Earl of Warenne and Surrey, came to England with William the Conqueror’s invasion force and fought at the Battle of Hastings in 1066. As a younger son, he had little hope of an inheritance and had acquired his fortune and reputation fighting for the duke of Normandy, making his name as a young man at the 1054 Battle of Mortemer.

The Warennes were at the heart of English history and politics from the time of the Conquest to the death of John de Warenne, the 7th and last earl in 1347

So who were the Warenne earls?

Briefly,

William de Warenne was a distant cousin of William the Conqueror and fought at the Battle of Hastings. William was a trusted advisor and companion of King William I and was appointed justiciar in England during the king’s absences in Normandy. He pursued a personal feud against English freedom fighter, Hereward the Wake, after Hereward murdered his brother-in-law, Frederic. William was created Earl of Surrey by King William II, just weeks before his death in 1088, having been fatally wounded at the siege of Pevensey. William and his wife, Gundrada, founded the first Cluniac priory in England, St Pancras, at Lewes in Sussex. It would become the family mausoleum. William and Gundrada’s coffins were found in the 19th century, when the railway line was being laid, and are now interred in the Gundrada Chapel of Trinity Church, Southover.

The Warenne coat of arms, adopted by William de Warenne, 2nd Earl of Warenne and Surrey

He was succeeded by his oldest son, William II de Warenne (it was a popular name) who was earl for 50 years. This William had an awkward relationship with Henry I – William was thwarted in love by Henry when they both set their sights on the same woman, Matilda of Scotland. William supported Robert Curthose’s claim for the throne against Henry, but was persuaded to abandon the duke of Normandy in favour of the king of England after the former’s failed attempt to invade England led to Earl Warenne’s lands being confiscated by King Henry. From that moment on Earl Warenne was loyal to Henry and gave a rousing speech in favour of King Henry before the 1119 Battle of Bremule. He married Isabel de Vermandois, granddaughter of King Henry I of France and widow of Robert, Earl of Gloucester. The relationship caused some scandal as one chronicler suggests Isabel and William ran away together, before Isabel’s first husband was dead. William’s royal ambitions would be realised when his daughter, Ada de Warenne, married Prince Henry of Scotland in 1139; William’s grandsons, Malcolm IV and William the Lion, both succeeded to the Scottish throne.

The 3rd earl fought on the wrong side (in my opinion) during the Anarchy; he supported King Stephen. Also named William, he and his forces were ignominiously routed at the 1141 Battle of Lincoln, leaving King Stephen to be captured by Earl Robert of Gloucester. Earl Warenne redeemed himself by capturing the same Earl Robert during the Rout of Winchester in the summer of 1141, thus facilitating and exchange of commanders that saw King Stephen’s release from imprisonment at Bristol Castle. Perhaps growing tired of the constant civil war, in 1147 the earl left on the Second Crusade with his half-brother, Waleran de Beaumont, Count of Meulan, led by the brothers’ second cousin, Louis VII, and his wife, Eleanor of Aquitaine. Earl William was killed at the age of 28 at the Battle of Mount Cadmus in January 1148, leaving the earldom to his young daughter, Isabel.

Seal of Isabel de Warenne, 4th Countess of Warenne and Surrey in her own right

The 4th earl. Now this is where the subsequent numbering of earls gets confusing. There were two 4th earls, though some history books count them as the 4th and 5th earls. The earldom actually belonged to Isabel. Isabel de Warenne was 4th Countess of Warenne and Surrey in her own right. Her first husband, William of Blois (the first 4th earl), was the youngest son of King Stephen and her second husband, Hamelin Plantagenet (the second 4th earl), was the illegitimate half-brother of King Henry II; a thoroughly modern Hamelin changed his name from Plantagenet to de Warenne on marrying Isabel. The first marriage produced no children, which was a stroke of luck for Henry II, as William of Blois could have founded a dynasty to rival the mighty Plantagenets. The second marriage proved more fruitful, with three daughters and a son. Hamelin was a loyal supporter of his brother, Henry II, and nephews, Richard I and King John – despite the fact John seduced one of Hamelin’s daughters, fathering an illegitimate child with her. Hamelin also built the magnificent keep at Conisbrough Castle, South Yorkshire.

Their son, William de Warenne, the 5th Earl, was first cousin to both King Richard I and King John. He probably grew up in Normandy, and served with King Richard in France in the 1190s. William played an active role in English politics, negotiating with the rebels on John’s behalf in Spring 1215, attempting to avert civil war. He was a signatory of the Magna Carta in 1215 and again on its reissue in 1225; he was one of the few surviving earls to have witnessed both issues of the charter. He did side with the rebel barons and their French allies, for a time, but returned to the fold following King John’s death in October 1216. He then helped to negotiate the peace, in September 1217, which saw the French Prince Louis give up his claim to England and return home. He married Matilda Marshal, daughter of the great William Marshal, Earl of Pembroke and regent of England for the first few years of Henry III’s reign. The couple had two children; their daughter, Isabel d’Aubigny, Countess of Arundel, became famous for berating King Henry III over the appropriation of a wardship that was rightfully hers.

Seal of John de Warenne, 6th Earl of Warenne and Surrey

John de Warenne, the 6th earl, was the longest serving earl of them all, holding the title for 64 years. His father died when he was 8 years old. Henry III became his brother-in-law when he married the king’s half-sister, Alice de Lusignan, daughter of Queen Isabella of Angouleme and her second husband, Hugh X de Lusignan. The marriage was a happy one and the couple truly loved each other; following Alice’s death in childbirth, John did not take another wife. John de Warenne fought in the Second Barons’ War and was a close associate of the future king, Edward I. He was at the Battle of Lewes in 1264, fighting for King Henry III against Simon de Montfort, but escaped to the continent when the battle was lost. John was probably at Evesham for the defeat and death of Simon de Montfort, though his presence is not recorded; he was certainly with Henry III’s son, Edward, in the days before the battle. His daughter, Isabella, was married to John Balliol, King of Scots, and the mother of Edward Balliol, who pursued his own claim to the Scottish throne in the 1330s. John was guardian of Scotland for a time and lost the Battle of Stirling to William Wallace in 1298. John de Warenne was a brutal man with a sense of humour; he once claimed the rights to all the rabbit warrens in Surrey – because it was his name! His son, William de Warenne, had died during a tournament in 1286, so when John died in 1304, aged 72, he was succeeded by his 18-year-old grandson, John II de Warenne.

Lewes Castle, Sussex, seat of the earls of Warenne and Surrey

John II de Warenne, the 7th and last earl of Warenne and Surrey, spent most of his adult life trying to divorce his wife, Jeanne de Bar (Joan of Bar), a granddaughter of King Edward I, in order to marry his mistress. He made various claims to try and effect a divorce, including that he had had an affair with his wife’s aunt, Mary of Woodstock, who had been a nun from the age of 7. John was embroiled in a private – but very public – feud with Thomas of Lancaster, Edward II’s most powerful vassal, and even went so far as kidnapping Lancaster’s wife, Alice de Lacey. In retaliation, Lancaster seized the Warenne castles of Conisbrough and Sandal, both being close to his own castle of Pontefract. The castles were only restored to John after Lancaster’s execution following his defeat at the Battle of Boroughbridge, in 1322. John was involved in many of the events that shaped the reign of Edward II, though he did not fight in the 1314 English defeat by the Scots at the Battle of Bannockburn. He supported Edward II to the end – almost, only adding his to support to Isabella of France and the future Edward III, when he saw that the king’s cause was hopeless. He died in 1347 at Conisbrough, still married to Jeanne de Bar and with no legitimate heir to succeed him. The earldom passed to his nephew, Richard FitzAlan, Earl of Arundel, but the Yorkshire lands, including Conisbrough and Sandal castles, passed to the crown and were given to Edward III’s fourth surviving son, Edmund of Langley, 1st Duke of York.

Castle Acre Priory, Norfolk, one of the Cluniac monasteries founded by the Warenne earls

And that is just a – very – brief summary of the earls.

The Warenne family has a fascinating history, right at the heart of English politics for the better part of 3 centuries. They had family bond that is not always found amongst the aristocracy, with brothers and sisters helping and supporting each other and working for the benefit of their family. Strategic marriages forged links with the greatest families in England, Scotland and France; their family connections spanned the greatest noble houses, from the Marshals, the FitzAlans, the Lusignans, the d’Aubignys and Percys to the Scottish, French and English royal families.

One family, over 8 generations, the Warennes were at the centre of 300 years of English history.

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Selected Sources:

Elisabeth Van Houts, Hereward and Flanders (article), Anglo-Saxon England vol. 28; A History of the County of Sussex: Volume 2 edited by William Page; W.H. Blaauw, On the Early History of Lewes Priory, and its Seals, with extracts from a MS. Chronicle, Sussex Archaeological Collections; Edward Impey, Castle Acre Priory and Castle, English Heritage; Warenne, Gundrada de (d.1085) (article) by C.P. Lewis, Oxforddnb.com; Elisabeth M.C. Van Houts and Rosalind C. Love (eds and trans), The Warenne (Hyde) Chronicle; Jeffrey James, The Bastard’s Sons: Robert, William and Henry of Normandy; Early Yorkshire Charters Volume 8 Edited by William Farrer and Charles Travis Clay; Rev. John Watson, Memoirs of the Ancient Earls of Warren and Surrey, and Their Descendants to the Present Time, Volume I; Alfred S. Ellis, Biographical Notes on the Yorkshire Tenants Named in Domesday Book (article); C.P. Lewis, Warenne, William de, first Earl of Surrey [Earl Warenne] (d. 1088) (article), Oxforddnb.com; The Oxford Companion to British History Edited by John Cannon; The Plantagenets, the Kings who Made England by Dan Jones; History Today Companion to British History Edited by Juliet Gardiner and Neil Wenborn;  Brewer’s British Royalty by David Williamson; Britain’s Royal Families, the Complete Genealogy by Alison Weir; Conisbrough Castle Giudebook by Steven Brindle and Agnieszka Sadraei; The Mammoth Book of British Kings and Queens by Mike Ashley; The Plantagenets, the Kings that made Britain by Derek Wilson; royaldescent.net; F. Royston Fairbank, ‘The Last Earl of Warenne and Surrey, and the Distribution of his Possessions’, The Yorkshire Archaeological Journal, vol. XIX; Scott L. Waugh, ‘Warenne, John de, seventh earl of Surrey earl of Surrey and Sussex, Earl Warenne’, ODNB; ‘Annals written by a certain monk of Lewes, from the birth of Christ to the year 1312’ quoted in Blaauw, On the Early History of Lewes Priory; Kelcey Wilson-Lee, Daughters of Chivalry: The Forgotten Children of Edward I; Katheryn Warner, Philippa of Hainault: Mother of the English Nation

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My Books:

Signed, dedicated copies of all my books are available, please get in touch by completing the contact me form.

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 Book Depository.

1 family. 8 earls. 300 years of English history!

Also by Sharon Bennett Connolly:

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 from Book Depository worldwide.

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 Book Depository.

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, Book Depository.

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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.

©2021 Sharon Bennett Connolly

The Countess who Chastised a King

300px-royal_arms_of_england_1154-1189-svg
The arms of Hugh d’Aubigny, 5th Earl of Arundel

I recently came across the wonderful story of Isabel d’Aubigny, countess of Arundel, a woman who wouldn’t be cheated – even if it was by the king himself.

Isabel was born sometime in the late 1220s, the daughter of William de Warenne, 5th earl of Surrey and Warenne, and Matilda (or Maud) Marshal, daughter and co-heir of the Greatest Knight, William Marshal, earl of Pembroke. Through her grandfather, Hamelin Plantagenet, illegitimate half-brother of King Henry II, Isabel was a cousin of the king, Henry III.

With such impeccable parentage and family connections, it is no surprise that Isabel made a prestigious marriage. At no older than 8 years of age Isabel was married, in 1234, to 20-year-old Hugh d’Aubigny, 5th earl of Arundel. Hugh’s father, William, 3rd Earl of Arundel, had died in 1221, on his way home from the Fifth Crusade. William had been succeeded as 4th Earl by his oldest son and namesake, who died just 3 years after his father, aged just 21, leaving the earldom to his brother Hugh.

On their marriage, Isabel’s father granted the couple a manor at Marham in Norfolk, worth £40 a year in rent. The charter for this grant offers the only details available for the marriage. In 1242 Hugh accompanied the king on his expedition to Aquitaine. However, after just 9 years, on 7 May 1243, Hugh died; leaving Isabel, at 17 years of age, a childless widow, with a rather large dower.

Within weeks of her husband’s death, on 29th May, Isabel’s marriage was granted to Pierre de Genevre, a Savoyard favourite of the king, Henry III. However, the patent rolls show that provision was made for Isabel to remain unmarried should she so wish; although she would have to pay Pierre for the privilege. Given that she never remarried, she must have been more than happy to pay.

The de Warenne coat of arms

The Arundel inhheritance was divided between Hugh’s 4 sisters; Mabel, Isabel, Nicholaa and Cecily. The earldom itself went to Hugh’s nephew, his sister Isabel’s son, John FitzAlan. Isabel was well provided for, however, with her dower including the hundred and manor of Bourne in Lincolnshire, the manors of Wymondham and Kenninghall in Norfolk, Stansted in Essex and several properties in Norfolk and Buckinghamshire. Suffice to say, she was a very wealthy widow and would continue to be styled Countess of Arundel until her death.

In 1249, the same year as her mother died, Isabel founded the only English convent that was part of the Cistercian order. Established at Marham, two Cistercian abbots had inspected it in its first year. Isabel’s brother, John de Warenne, 6th Earl of Surrey, the Bishop of Norwich and Henry III himself all issued charters confirming the abbeys foundation. Along with other endowments, Isabel herself made 11 grants to the abbey in its early years, giving it a strong economic foundation. In 1252 Isabel was granted papal permission to visit the Cistercian house at Waverley to consult with him about her convent; Waverley’s annals record that she granted 4 marks and a cask of wine to the monks there.

Isabel was very protective of her property rights and went on the offensive when they were threatened, even if that meant going against the king. In 1252 Isabel did just that. One of her tenants, Thomas of Ingoldisthorpe, held a ¼ knight’s fee from Isabel at Fring and Snettisham; he also had property in the honour of Haughley, as an escheat from the crown. On his death in 1252 Henry III took all of Thomas’s lands in wardship until Thomas’s heir was of age, including Isabel’s ¼ knight’s fee. In March of 1252 Henry granted the wardship of the lands and marriage of the heir to his former treasurer and keeper of the king’s wardrobe, Peter Chaceporc. Had Thomas held his lands in chief from the king, Henry would have been within his rights to take prerogative wardship, however his land at Haughley was  held from the honour of Haughley, which only in the king’s hands as an escheat and Isabel had therefore been treated unjustly in being denied the wardship of his heirs.

Isabel took her grievances direct to the king, supposedly berating him for trampling on the rights laid out in Magna Carta. She is said to have asked:

‘Where are the liberties of England, so often recorded, so often granted, and so often ransomed?’¹

According to Matthew Paris, the chronicler and a personal friend of Isabel’s (though no particular fan of Henry), Henry scorned Isabel’s argument, ‘derisively and curling his nostrils’ and asked if the nobles of the realm had given her permission to speak on their behalf. Isabel argued that the king had given her the right to speak thus, in the articles granted in Magna Carta and accused the king of being a ‘shameless transgressor’ of the liberties laid down in the Great Charter, breaking his sworn oath to uphold its principles. At the end of the audience, Henry refused to be moved, ‘After listening to her [civilly] reproachful speech, the king was silent, and the countess, without obtaining or even asking for permission, returned home.’²

Arundel Castle

Isabel was one of the great nobles of England, the daughter of one earl and wife of another, and was obviously undaunted by an audience with the king. And although the king did not react to her reprimand immediately he did, eventually, admit that he may have been in the wrong, issuing a letter to her on 23 May 1253 saying:

‘Since the king has learnt that Thomas of Ingoldisthorpe, whose son and heir is in the custody of Peter Chaceporc by concession of the king, did not hold from the crown of the king in chief but from the honour of Haughley, which is in the hand of the king as his escheat, and that the same Thomas held from Hugh de Aubigny, once earl of Arundel, a quarter part of the fee of one knight with appurtenances in Fring and Snettisham and the service of which was assigned to Isabella, countess of Arundel, the widow of the foresaid earl, in dower, he has returned to the same countess custody of the foresaid quarter part of a fee with appurtenances; and the foresaid Peter is ordered to give the countess full seizin of the foresaid custody.’²

However, Isabel’s victory was incomplete, as in late 1253, while the king was overseas in Aquitaine, she instigated legal proceedings against Peter Chaceporc ‘for custody of Ingoldisthorpe’. Whether Chaceporc had not relinquished the land, or she believed she was entitled to more land than was returned to her, Isabel in fact lost the suit and was amerced £20 (30 marks) for a false claim. The writ was witnessed by Henry III’s queen, Eleanor of Provence, and his brother Richard, Earl of Cornwall.

As persistent as ever, and although he was overseas, Isabel appealed directly to the king, who responded with a pardon, although it seems he still smarted from the upbraiding she had given him earlier in the year:

‘3 April. Meilham. Henry, by the grace of God king of England, lord of Ireland, duke of Normandy and Aquitaine and count of Anjou sends greeting to his beloved consort E, by the same grace queen of England, lady of Ireland, duchess of Normandy and Aquitaine and countess of Anjou and to his beloved and faithful brother, R. earl of Cornwall. Know that we have pardoned our beloved and faithful Isabella countess of Arundel the 30m. at which she was amerced before our justices against our beloved and faithful … Peter Chaceporc, our Treasurer, for custody of Ingoldisthorpe. We, therefore, order you to cause the same countess to be quit of the aforesaid 30m. by our seal of England provided she says nothing opprobrious to us as she did when we were at Westminster and as we have signified to her by letter. Witness myself.’³

Holy Trinity Church, Marham

Isabel obviously had an eye for business, given that she could so concern herself with a ¼ knight’s fee out of the 60 that she held. A wealthy widow with impressive family connections, she was renowned not only for her religious endowment of the Cistercian convent at Marham, but also as a patron of religious texts, having commissioned at least 2 saints’ lives, including the life of St Richard of Wyche by Ralph Bocking. Isabel could count among her friends Richard Wych himself, the bishop of Chichester who was later canonised, and Matthew Paris. Paris translated  a life of Saint Edmund of Abingdon in to Anglo-Norman verse for Isabel’s personal use.

Isabel died shortly before 23 November 1282 and was laid to rest at her own foundation at Marham; her dower properties passed to her husband’s great-great nephew, Richard FitzAlan, 8th Earl of Arundel. Having spent almost 40 years as a childless widow, Isabel never remarried, her remarkable life dedicated to the patronage of her convent at Markham and religious writers, such as Paris and Bocking. This incredible woman stands out as the countess who reprimanded and humbled her king for his injustices.

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Isabel’s remarkable story appears in my latest book, Defenders Of the Norman Crown: Rise and Fall of the Warenne Earls of Surrey.

Footnotes: ¹quoted by John A. Nichols in Oxforddnb.com; ² quoted by Susanna Annesley in finerollshenry3.org.uk; ³ ibid.

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Sources: John A. Nichols Oxforddnb.com; Susanna Annesley finerollshenry3.org.uk; Robert Bartlett England Under the Norman and Angevin Kings; Dan Jones The Plantagenets;David Williamson Brewer’s British Royalty; british-history.ac.uk; Early Yorkshire Charters Volume 8: The Honour of Warenne, Edited by William Farrer and Charles Travis Clay.

Pictures courtesy of Wikipedia: d’Aubigny arms by Sodocan; Warenne arms by Madboy74; Arundel Castle by Chensiyuan; Holy Trinity Church by John Billinger.

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My Books:

Signed, dedicated copies of all my books are available, please get in touch by completing the contact me form.

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, Bookshop.org and Book Depository.

1 family. 8 earls. 300 years of English history!

Also by Sharon Bennett Connolly:

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,  AmazonBookshop.org and from Book Depository worldwide.

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, Bookshop.org and Book Depository.

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, Bookshop.org and Book Depository.

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.

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©2017 Sharon Bennett Connolly, FRHistS