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been going to, or coming back from the Court, by the King's command; allowing them the same privilege in returning. Lord Coke remarks on this Chapter of the Forest Charter, that the personages mentioned in it are Peers of Parliament, and that the King's command, above referred to, alludes to the writ of summons calling them to Council, the liberty of hunting being then conceded to them as a recreation, before and after the discharge of their duty, for which reason it is permitted to the spiritual persons mentioned in the text, though against the Canon Law. It is also added, that a Forest officer cannot at any other times permit a nobleman to hunt in the Forest; though the King can do it out of his own grace; but in attending and departing from the Parliament it is done by law, and the deer may be killed by his own dogs and his own bow. Barrington observes, that from the privilege being confined to the Peers, the Commoners of Parliament could not be considered of much importance. On this point, however, it may be remarked, that it is by no means certain, that Citizens and Burgesses were at this period summoned to Parliament at all: though the want of Writs calling them thither before 1294-95, the 23rd year of Edward I., (see page 184 of the preceding Notes,) is no proof that they never existed, and ought never to have been so considered. It may also admit of a doubt whether this Chapter does positively refer to the Peers and Prelates as Lords of Parliament; since the earliest Writ of Summons now extant is supposed to be one to the Archbishop of York, dated in the 26th of Henry III., 1241-42, though the general notion of Parliamentary representation is connected with the famous one first cited by Dugdale, of 1265, the 49th of the same Sovereign. The presence of the Forester is a natural and proper provision; but the order for sounding a horn, lest their chase of the deer should appear a theft, from its silence, probably arose from that cautious and peculiar feature of the Anglo-Saxon law, which suspected all strangers and persons who travelled without giving public notice of their journies. It was therefore ordered by these institutions, that if a stranger went out of the road, or through woods, he was to blow a horn,

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or shout aloud, under penalty of being considered and punished as a thief. It has already been mentioned that another limitation of hunting permitted in the King's Forests, was that it should not take place in the night: which appears to have been the remote original of two acts for preventing persons hunting in the English woods in dis. guise in the night season; though they were also intended to preserve the national tranquillity and morals. The first of these statutes was passed in 1485, the 1st of Henry VII., chap. vii., which set forth that numbers of individuals were accustomed to hunt in the Forests, &c. of Kent, Surrey, and Sussex, arrayed in a warlike manner, and having their faces painted or covered with visors; under the disguise of which were committed murders, robberies, insurrections, &c. &c. Another act to the same effect, though of wider extent, was that passed in 1722, the 9th of George II., Chap. xxii., for the suppression of evil-disposed persons going armed in disguise; section i. of which, was especially directed against disguised hunters.

The conclusion of the Forest Charter, in its provisions of mutual observance throughout the kingdom, and saving of the rights of other Lords, greatly resembles the termination of the Second Magna Charta of King Henry III., see page 129, Chapters xlv. xlvi.; the intent and nature of which, will be found explained on pages 268, 269, of the preceding Notes. It has also been mentioned, that the Great Seal of King John having been lost in his last fatal retreat in Lincolnshire, the early Charters of his son were authenticated by the impresses of William Marshall, the Protector, and Cardinal Gualo, the Papal Legate: see page 325. Of that excellent Baron, some account will be found on page 285; and it will be remembered, that the ecclesiastic performed the Coronation of the youthful Henry III. James Gualla, or Gualo, which is said to be the modern orthography of the family of Galon, was born at Becheria, a town of Lombardy. He was educated in a Society of Canons Regular near Pavia, and was elected Bishop of Vercelli, though he was unwilling to accept of the dignity. In 1205, Pope Innocent III. created him a Cardinal, and

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employed him in France against the Albigenses, and for preaching his projected crusade. After the death of King John he became Legate to England, and contributed greatly to the establishment of a peace between this country and France. Honorius III. commissioned him to reform the Clergy at Vercelli, and he was also Legate to Puglia in Naples to the Emperor Frederic II. He died there about the year 1235, in the Pontificate of Gregory IX., having the reputation of great piety, and having founded the Monastery of St. Andrew in Vercelli.

It has been already shewn that the subsequent editions of the Forest Charter, were issued as a compensation for a fifteenth by the whole kingdom; though the first appeared without any condition attached to it. In 1224, however, Louis, King of France, being willing to take advantage of Henry's minority, seized upon all the possessions of the English in that kingdom; under pretence that the young Sovereign, as Duke of Guienne, should have assisted at his Coronation. To enable him to recover those territories, Henry applied to his Parliament, and his request was answered by a demand for the renewal of the Charters, which was performed as it has been already related.

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dom, in the time of King Henry our father; shall be held in all their parts, without any blemish. And we will that these same Charters under our seal, be sent to our Justices, as well to those of the Forest, as to others; and to all the Sheriffs of Counties, and to all our other ministers; and to all our cities throughout the land, together with our Writs, in the which shall be contained, that they shall make public the aforesaid Charters, and declare to the people, that we have granted to them to hold them in all their particulars: and to our Justiciaries, Sheriffs, Mayors, and other ministers who are of the law of this land under us, and from us having the care of it, the same Charters in every part shall be allowed in Pleas before them, and in their giving of judgment; that is to wit, the Great Charter of Liberties as the Common Law, and the Charter of the Forest for the Assizes of the Forests only, to the amendment of our subjects.

II. And we will, that if any judgment shall be given for the future, against the ordinances of the aforesaid Charters by the Justices, or by others our officers, who, contrary to the particulars of the Charters, do hold Pleas before them, it shall be done away with, and held by none. (III.) And we will that these same Charters under our seal, be sent to the Cathedral churches throughout our kingdom, there to remain; and that they shall be twice in the year read

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