of God and the Holy Church, and for the common profit of his realm, hath granted for himself and his heirs, to hold in his realm for ever, all the things under-written. (The Charters of Liberties were to be read in this place.) Robert of Winchelsea, by the grace of God, Archbishop of Canterbury and Primate of all England, admonisheth all those of the realm of England, and every one of them, of what condition soever they be, once, twice, and thrice,---because the brevity of time will not permit a longer delay,--that all and every of them as much as in them is, do support and maintain those things granted by our Lord the King aforesaid, in all their particulars. And that they, nor none of them, do in no point or time resist or break them; nor procure, nor counsel it, nor in any manner consent to controvert them, neither by word or deed, or any pretence or colour. We the aforesaid Robert, Archbishop of Canterbury and Primate of all England, by our authority expressed in this writing, do Excommunicate such, and separate them from the body of our Lord Jesus Christ, and all the company of Heaven, and all the Sacraments of the Holy Church. So be it! so be it! Amen."

The ancient Act of Parliament, which is known by the name of "The Statute of Fines levied," made in the year 1299, the 27th of Edward I., was also in part a general Confirmation of the Charters of Liberties, as well as an Inspeximus of a great portion of the Charta Foresta; though, strictly speaking, they formed no part of it, and are omitted in some of the printed editions of it. In the Cottonian Charters, however, marked vii. 11. is a contemporary exemplification of this Statute, under the Great Seal, directed to the Sheriffs of London, and marked as having been examined with the City Records. The opening states, that before the King went into Flanders, to reward his subjects for their large contributions both in peace and war, he regranted the Great and Forest Charters, and caused his concessions to be declared by the Archbishop of Canterbury at Westminster; renewing his ordinance for their general observance under seal at Odimere. The wars having occupied the King until the present time, prevented him from knowing the state of his realm; but his intention being still unchanged, for the honour of God and the Church, and the good of all the realm, the Great and Forest Charters are commanded to be observed; the latter being recited from Chapter vi. to the beginning of Chapter xvi. A clause then follows, directing that its ordinances shall be established, with a provision that the expected Forest Peram

bulations shall be begun directly the King's affairs at Rome should be concluded; and the Confirmation is then connected with the immediate object of the Statute, by a statement that the King having thought upon certain defects in the law, and many grievances and oppressions of the people, being willing to provide a remedy for those at present occurring, establishes it by the succeeding ordinances. It may, perhaps, be proper to notice that the Statute of Fines levied, was intended to provide that they should be a security, and an end, as the word implied, of all matters for which they were paid in the King's Court.

The Statute entitled, "Articuli super Chartas," or the Articles upon the Charters, was the next instrument by which they may be said to have been confirmed, though it can scarcely he denominated a Confirmation Charter. It has been already noticed in the preceding Essay, page 46, and it was issued from a Parliament which met at London, on March 16th, 1299-1300, the 28th year of Edward I. One cause of it being made is stated by Lord Coke to have been the provision of taking the ancient feudal aids, &c. in Chapter vi. of the Confirmationes Chartarum, already given and explained on pages 372, 389; under colour of which the King's officers and ministers evaded the true law when the Parliament was dismissed. Upon which several of the Barons petitioned the King again to confirm the Charters, but when he would have inserted a clause saving the right of the crown, the Lords protested against it, and desired an absolute renewal of the Charter of Henry III., which he at length granted in the Act variously entitled, "the Explanations upon the Charters:"-" the New Articles upon the Charters:" and, more commonly, "the Articles upon the Charters." The ordinances contained in it occupy twenty Chapters written in Norman French; and it opens by declaring that the Charters of Liberties were not observed, notwithstanding the several confirmations of them, which is attributed to there being no certain penalties attached to their violation; they are, therefore, re-established by this Act, and the following provisions made for their protection and support. Copies of them under the King's Seal were

to be sent to every Sheriff in England, to be read four times yearly to the people in full County-Court; at the first meetings after the feasts of St. Michael, Christmas, Easter, and St. John the Baptist. For the punishing of offenders, the Commonalty was to elect three able men in every CountyCourt; Knights, or other lawful, wise, and well disposed persons, who were to be sworn as Justices under the King's Great Seal; to hear and determine, without any other Writ than their Commission, such complaints as should be made of those who offended in any point against the Charters, within the County, as well within franchises as without, and as well of the King's officers out of their places as of others. They were to hear such complaints from day to day, without admitting any of those delays which were allowed by the Common Law; and to punish all those who were attainted of any trespass against the Charters, by imprisonment, ransom, or amerciament, according to the trespass. The Statute expressly declares, that this special proceeding shall be only in cases where there was no remedy by the Common Law; and that if the three Commissioners could not attend, two should be sufficient. Sir Edward Coke, observes, that out of the appointment of these persons, arose that of the Justices of Trail baton; so called from their rapid proceedings which "were as speedy and ready as one might draw a staff." The King's Sheriffs and Bailiffs were to be attendant on these Justices.

Like the Statutum de Finibus levatis, the present Act now turns from establishing the Charters of Liberties, and states, that for the voluntary aids and service of his subjects, the King had granted in it other articles for their benefit and amendment of the law. Some of these were intended to remedy certain defects in the Great Charter, as Chapter II. for the regulation of Purveyance, vide Chapters XXVIII. &c. pages 78, 79, 211-213: Chapters IV. V. on holding of Courts of Common Pleas, &c. Chapter XVII. pages 74, 75, 197: Chapter XII. on distraining for debts of the Crown, Chapter IX. pages 70, 71, 174: Chapter XVIII. for the protection of the King's ward lands, Chapters IV. V. pages 66-69, 165-167. All the Chapters, however, of the

Articuli super Chartas, bear either obliquely or directly upon the ordinances of Magna Charta; excepting the last, which concerns the English Goldsmiths' and workers in metals.

The last actual Confirmation Charter which remains to be noticed, was that dated at Lincoln, February 14th, 1300-1301, in the 29th year of Edward I.

Such were some of the Acts and Confirmations, by which these instruments were finally established; from which, and from the other contents of this volume, it will be seen that the only first stone of their foundation was laid by King John, that Edward I. became truly famous for his grants of Inspeximus and Confirmation, as well as for his Statutes explaining and protecting them; but that the most copious and valuable text of Magna Charta, as well as the very first Charter of the Forests, appeared under

THE GREAT SEAL OF HENRY THE THIRD.

HISTORICAL AND DESCRIPTIVE ACCOUNT

OF THE PRINCIPAL

MANUSCRIPT AND PRINTED COPIES

OF THE

English Charters of Liberties,

AND OTHER INSTRUMENTS CONNECTED WITH THEM.

HE Great Charter as granted by King John in 1215, though far more popular in its name, is actually less familiar in its contents, than the same instrument as repeatedly altered and confirmed by Henry III. and Edward I.; which is usually prefixed to the va

rious editions of the English Statutes. Those collections which include the national laws previously to 1327, the 1st year of Edward III., contain the very full copies of the Great and Forest Charters of the 9th of Henry III., Feb. 11th, 1224-25; printed either from the Inspeximus Charter of Oct. 12th, 1298, the 25th of Edward I., as entered upon the Statute Roll, which has been already inserted in the present volume, pages 145-158,-or from his second, and last Inspeximus, dated March 28th, 1300, in the 28th year of his reign. The former is the first appearance of these, Charters upon the Statute Rolls, and was first pub

a These registers are records of Chancery of the highest authority, preserved in the Tower of London, on which were entered the