1

near the end of the Great Charter, concerning Adulterine Castles, which have been erected or re-edified since the beginning of the war, to be on all occasions destroyed and laid aside as it is contained in the same Charter; because that provision was made and inserted in the Charter, by the advice of the Lord Legate and our faithful subjects, for the great benefit of us and tranquillity of our Kingdom. Witness, the Earl at Sturminster, on the 22nd day of February. (The like Letters were sent to every Sheriff of England.)"

This order was probably carried into full effect, since there is no farther provision concerning it in the Third Charter of Henry III., which contains the standard text printed in the Statutes. The variations in the concluding division of Chapter xxxvii of this instrument are an acknowledgement of a Fifteenth, paid by the whole kingdom for re-granting the Great and Forest Charters, a new engagement for the King and his Peers, to protect and observe them, and the number of witnesses names, concluding the whole: vide pages 142-144. This Fifteenth has already been noticed on page 38 of the preceding Essay, and at the period when it was granted, it was an uncertain sum rated upon the value of every person's possessions given by Parliament, as in this In 1332, instance also, were the Charters themselves. however, the 6th of Edward III, on Membrane 26 of the Second Patent Roll for that year, is an entry of the "Tallages made of the Cities, Boroughs, and Lordships, throughout England," which were recorded in the Exchequer as fixing this levy at a fifteenth part of the value of every town, being a certain rate, though even that can be assessed by Parliament only. When the Fifteenth has been thus granted, the inhabitants of a town divide the payment of it for themselves; and if two towns be joined together and disproportionately rated, a Writ may be sued from the Exchequer for equalising the subsidy.

The number of Witnesses with which this Instrument concludes, is expressive of the King's Council by which it was granted; whence Erasmus supposes that Sovereigns first adopted the plural style, to give their Councillors part of the merit of their actions. In the commencement of the reign of Richard II. the expression of "by these Witnesses," was altered for that of "in testimony of which thing we have caused these Letters to be made Patent,"-or

open,—“Witness myself;" but even anciently those instruments which retained the former words were called Charters, whilst the others were denominated Letters Patents.

The Inspeximus Charter of Edward I. has a concluding clause, providing that if any of the engagements contained in it should not hitherto have been kept, they shall still be considered as inviolable. As the whole instrument, however, was only a rehearsal of the Charter for Confirmation, it is secured by the King's Letters Patent, and is witnessed only by Prince Edward: vide page 158.

Such, then, is a brief and imperfect commentary on the series of the Great Charters of Liberties, intended only to convey a general idea of their nature and powers, to those whom Law-books are either repulsive or not familiar. Enough of illustration, however, has been given to shew the great extent of the subject, and the ancient value of the Charters; and the works whence this has been derived, will supply the enquiring reader with more elaborate judicial discourses, and more ample historical information.

Holy Church, and the reformation of our kingdom, have granted, and by this present Charter have confirmed for us and our heirs for ever, by the counsel of our venerable father the Lord Gualo, T. T. Cardinal-Priest of St. Martin, and Legate of the Apostolical See, the Lord Walter, Archbishop of York, William, Bishop of London, and other Bishops of England, and of William Marshall, Earl of Pembroke, Governor of us and of our kingdom, and of others our faithful Earls and Barons of England, the underwritten liberties to hold in our kingdom of England for ever.

(I.) Inprimis, All the Forests made by our grandfather King Henry, shall be viewed by good and lawful men, and if he turned any other than his own proper woods into Forests, to the damage of him whose wood it was, it shall forthwith be disforested. And if he afforested his own proper woods, they shall remain so, saving the common of pasturage, and of other things in the same Forest, to those who were formerly accustomed to have them. (II.) Men who dwell without the Forest, from henceforth shall not come before our Justiciaries of the Forest, by a common summons, unless they are impleaded there, or are pledges for any others who were attached for something concerning the Forest. (III.) Also all woods which were afforested by King Richard our uncle, or by King John our father, until our own first Coronation, shall forthwith be disforested, unless they shall

be our Demesne woods. (IV.) The Archbishops, Bishops, Abbots, Priors, Earls, Barons, Knights, and free tenants who have their woods in Forests, shall have their woods the same as they held them at the time of the first Coronation of our grandfather King Henry, so as they shall be discharged for ever of all Purprestures, Wastes, and Assarts, made in their woods after that time, until the beginning of the second year of our Coronation. And those who for the time to come shall without our license make Wastes, Purprestures, or Assarts within them, shall answer for such Wastes or Assarts. (V.) Our Regarders shall go through the Forests to make a view, such as was accustomed to be made in the time of the first Coronation of our grandfather King Henry, and not otherwise. (VI.) The inquisition or view for Lawing of Dogs living within the Forest, for the future shall be when the view ought to be made, namely, the third year in three years; and then it shall be done by the view and testimony of lawful men, and not otherwise. And he whose dogs shall be found then unlawed, shall give three shillings for mercy, and for the future no one's ox shall be taken for lawing. Such lawing also shall be done by the Assize commonly used; which is, that three claws shall be cut off without the ball of the fore-foot. Nor shall dogs be lawed from henceforth, excepting in places where it hath been customary to expeditate them from the time