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EXPLANATORY NOTES

ON THE

Confirmations

OF THE

Charters of Liberties.

HE preceding Charters of Liberties appear to have been established by Four Instruments of Confirmation; independently of some other covenants, and several grants of Inspeximus and separate editions of the originals, which are fully described in the succeeding article of this volume. The First Confirmation Charter, properly so called, was issued by Henry III. at Westminster, January 28th, 1236-37, in the 21st year of his reign. It was in Latin, very short, and without reference to any particulars contained in either of the principal instruments: only stating, that by it the King had granted and confirmed to the Ecclesiastics, Nobles, and Freemen, of England, the liberties and free-cus'toms contained in those Charters which had been issued to his faithful subjects during his minority, as well in Magna Charta, as in the Charta Foresta; commanding that they should be held and observed for ever, notwithstanding their having been granted when he was under age. This was probably inserted, because, as it will be remembered, he had in 1226, recalled the Forest Charters under this very pretence, vide the preceding Essay, page 39. The original of this Confirmation Charter, is yet preserved in the Bodleian Library at Oxford, with the Manuscripts of Richard Furney, Esq. No. 6, having the Great Seal of Henry III. attached to it. It measures 9 inches, by 6, including the fold for the label. An ancient entry of it occurs in the

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Cottonian Manuscripts, in a volume marked Galba, E IV. fol. 57; beside which it is recorded on the Charter Rollb for the 21st year of this reign, membrane 7.

The next establishment of the Charters of Liberties, 'was by that solemn meeting in Westminster Hall, May 13th, 1253, vide the preceding Essay, pages 39-41, when the Papal Sentence of Excommunication upon those who infringed them, which had been more privately denounced in 1224 and 1237, was declared openly. This instrument, however, will be described in a subsequent page; the next regular Charta Confirmationis being issued at Westminster, March 14th, 1264-65, in the 49th year of Henry III. It is entered on the Charter Roll of the same date, membrane 4; in addition to which there are ancient copies of it preserved in a manuscript, in the Library of Corpus Christi College Cambridge, No. 70; and in the Cottonian MSS. in the volume marked Claudius, D II. article 44. fol. 137 or 142 a, where it is called "the Charter of Henry III. which he made with the Barons, after the troubles in his kingdom." It was issued when King Henry and his son Edward, were in the custody of Simon de Montfort, Earl of Leicester, to procure the liberty of the Prince; who had also sealed with his father a contract in French for his delivery, dated at London on March 10th, four days before the

a The Manuscript referred to, is a Register of Henry de Estria, who was made Prior of Christ Church Canterbury, in 1285, and filled the office 47 years. It is a large folio volume, written on vellum, in the strong black character of the time of Edward II., with rubrics and blue paragraphs; and is probably of great authority. b The Charter Rolls are a collection of records preserved in the Tower of London, extending from 1199, the 1st of John, to 1483, the end of the reign of Edward IV. Like all the other national Record Rolls, they are formed of several membranes, or skins of parchment sewed together, numbered from one end, and are referred to by naming each Roll according to its respective year of the King's reign, and the particular number of its membrane; to which is sometimes added d, or dorso, for entries made on the back, or in cedula, when it is written on a separate piece of parchment like a schedule, and attached to the Roll. They comprise royal grants for creation of Nobility, and of privileges to religious houses, cities, towns, bodies corporate, and private trading companies; of markets, fairs, free-warren, &c. &c.

This volume consists of a very fine and authentic collection of ancient English Statutes and Charters, carefully written on vellum, in the court-hand of the 14th century, and beautifully illuminated. It has been used repeatedly for various readings of the Charters, &c. both by Sir W. Blackstone and the Commissioners of Records; and from the armorial ensigns with which it is profusely decorated, appears to have been executed for the family of Bruce, through which it descended to Sir Robert Cotton.

present one. The Confirmation Charter commences with stating, that Prince Edward, and Henry, the King's nephew, son of Frederick II. Emperor of Germany, had been hostages to the English Barons, and it recounts the reconciliation between the King and his Nobles, which had taken place in Parliament, on June 23rd, 1264, whereby a new form of government was established, until the treaty of May 15th, known by the name of the Mise, or taxation of Lewes, were carried into full effect. Its principal features were, that Henry should delegate the power of nominating his councillors to a committee of three persons, who were also to appoint his officers and governors of the royal castles; that no foreigner should be employed in the government; that all past offences should be mutually forgiven; and that the provisions of Oxford for reforming the nation, drawn up in June 1258, and established and amended in August 1263, should be confirmed and inviolably observed; together with the Charters of Liberties, and the ancient and laudable customs of the realm. These particulars have been related on account of their intimate connection with the present Charta Confirmationis, in which they are repeatedly referred to; and which states, that at the reconciliation of the King and his Barons, the former swore upon the holy Evangelists, not to prosecute any of those whom he had distrusted as his enemies under the Earls of Leicester and Gloucester, or other adherents of the Barons, with the citizens of London and the Cinque Ports. But the most remarkable part of this Confirmation, is a clause which was evidently formed upon part of the 61st Chapter of the Great Charter of King John; see pages 94-97, 321, 322; excepting, that it contains no provision for the safety of the royal family. It states, that if the King or his son should not keep the preceding conditions, or should damage, or cause to be damaged, any of the party which had been hostile to them in the preceding troubles, "it shall be lawful for all of our kingdom to rise against us, and to harass us and our possessions by all the means in their power; to which by our present precept we will oblige all and every one, notwithstanding the homage and fealty which they

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have done to us: so that they observe us in nothing, but that all consider how to distress us, as if they held of us in nothing, until proper satisfaction be made for what has in that part been transgressed or offended in the appointed conditions, according to our aforesaid Ordinances and provisions, and the form of the oath, and when it hath been reformed, they shall behave to us as before." The actions of King John, and the subsequent history of the Baronial wars under Henry III., in both of which instances these provi'sions were disregarded when the Sovereign was set at liberty, form the best comments upon such dishonourable terms, so disloyally and compulsively extorted. "So impracticable is the attempt," says Blackstone, "to restrain even limited monarchs, by any express provisions which argue a degree of distrust inconsistent with monarchy itself." The Charter next proceeds to provide, that any person acting contrary to the foregoing ordinances, whether procured by the King or his son, or not, shall, upon conviction, lose all his inheritance both for himself and his heirs, be made guilty of felony, and, the Cottonian Manuscript adds, "shall be declared an outlaw."-"In addition to this," continues the instrument, "by the unanimous consent and will of Edward our son, our Prelates, Earls, Barons, and Commons of our Kingdom, it is with one accord provided that the ancient Charter of general Liberties, and the common Charter of the Forests of our kingdom, lately granted by us, (viz. the third Magna Charta, dated Feb. 11th, 1224-25, the 9th of Henry III.) against the violators of which, at our request, a Sentence of Excommunication was recently published, and specially confirmed by the Apostolic See, and also all the articles which by common consent were lately provided between us and our Nobles at Worcester, remaining in every County whither we have sent them under our seal, shall be perpetually and inviolably observed: to the observance of which we have bound ourselves by an oath on the holy Evangelists of God, before the Host;-and all the Justiciaries, Sheriffs, and Bailiffs whatsoever, of our kingdom, as well belonging to us as to others, we will shall be bound by a like oath, so that

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none shall hold any bailiwick until he shall have duly performed it. And if any person shall have conceived any thing against these Charters, or the articles aforesaid, beside being arraigned for perjury, and incurring the Sentence of Excommunication, he shall be grievously punished by the award of our Courts; saving in these premises the clerical rights." After directing the Sheriff, &c. of York, to whom the copy of this Confirmation on the Charter Roll is addressed, to observe all the preceding, and cause the oaths to be taken, it is added that the aforesaid Ordinances and Charters, with the present Letters Patent under the King's seal, were sent into the County, that the memory of the matter might remain in safe keeping, under the custody of the most worthy of the Electors. It is then directed that the Ordinances, &c. shall for the future be published twice in each year, that none might pretend ignorance; once at the first County Court after Easter, which, in the year of this Confirmation, began the 5th of April, and at the first County Court after Michaelmas.

In addition to this Charter of Confirmation, it appears that the Great and Forest Charters were at the same time renewed and confirmed by instruments in the nature of Charters of Inspeximus; in which they were respectively recited at length, such deeds being transmitted to the several Counties. It is not known, however, if any of them have been preserved, or are now in existence; though the Manuscripts at Cambridge and in the Cottonian Library, already cited, contain the introductory and concluding forms of the Inspeximus of Magna Charta, as deposited in the County of Middlesex, dated like the preceding Confirmation, March 14th, 49th Henry III., 1264-65. It will be found in the latter authority at fol. 125 b., though the Charter of 1224-25, which it was to confirm, is not fully recited. The few words of Confirmation with the witnesses names then follow, the Inspeximus of the Forest Charter being altogether omitted; but in the Harleian Manuscript, No. 489, fol. 4 a10 b, are ancient copies of both instruments; forming part of a collection of old English laws, &c. on vellum, in the hand-writing of the time of Edward II. The Charters

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