The Statutes of the Realm/Volume 1/Charters of Liberties
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CHARTERS of LIBERTIES.
granted by
| HENRY, I. | JOHN. |
| STEPHEN. | HENRY, III. |
| HENRY, II. | EDWARD, I. |
Kings of England.
TABLE OF THE CHARTERS.
The Charters, of which the Titles are here distinguished by an Asterisk (*)
are not inserted in
Sir William Blackstone’s Edition of The Charters.
| Page | ||||
| 1 | ||||
The Text is printed from the Textus Roffensis, fo. 96, in the Archives of Rochester Cathedral; from Hearne’s Publication whereof the Copy in Blackstone’s Charters, Quarto Edition, Introd. pa. iv. in the Notes, was printed.
The Various Readings marked R. 1. are from the Recital of the Charter at the Beginning of the Laws of Henry I. entered in the Red Book of the Exchequer at Westminster, fo. 16, with the Title De liƀtate eccl̵ie & tociꝰ Angl̵ obs͛vanda Leges Henrici: another Entry of the Title on the same Leaf adds pimi fil̵ ꝯquestoris. The following is the Introductory Sentence at the Head of these Laws; after which the Charter immediately succeeds:
Hec sunt deniqꝫ beata pacis ac liƀtatis exoptate gaudia, quibʒ toti regno suo gl̵osꝰ Cesar Henricus in divinis legibʒ & scl̵aribʒ institutis, Sciptis et bonoꝝ oꝑum exhibicionibʒ irradiat mod̵atus, justus, fortis, pudens, quem Deus felicibʒ auspiciis & salutari q̃s corꝑeis & aĩe ꝓsꝑitate cum ꝯjuge sua inclita Matilde scd̵a & eoꝝ liƀis longis scl̵oꝝ scl̵is & et͛na pace gentis nr̃e faciat imꝑare. The Various Readings marked R. 2. are from a Copy of the Charter, as sent into Worcestershire, entered in the same Red Book, fo. 163, b, with the Title Carta ℞ H. pimi fil̵ ℞. W. de liƀtatibʒ cōcessis Anglis [two earlier Entries of the Title, almost obliterated, add in sua coronac͠oe] & h̴uit quilibet Comitatꝰ talem. | ||||
DE LIBERTATIBUS ECCLESIE ANGLICANE, ET REGNI.
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3 | |||
The Text is printed from a Charter in the Archives of Exeter Cathedral, having Part of the Great Seal remaining annexed.
An Engraved Copy is subjoined.
The Copy in Blackstone’s Charters, Quarto Edition, Introd. pa. v. in the Notes, was printed from that given in Hearne’s Notes to Gulielmus Neubrigensis, pa. 711, as from a Charter in the Hands of Mr. Hearne. The Various Readings marked H. are from Hearne’s Printed Copy. Those marked C. are from Entries in Two Register Books in Canterbury Cathedral, Reg. V. fo. 14.; & Reg. IX. fo. 72. | ||||
| 4 | ||||
The Text is printed from the Cotton MS. Claudius D. II. fo. 75 or 68, b, in The British Museum.—In Blackstone’s Charters, Quarto Edition, Introd. pa. v. in the Notes, it is stated that a Copy of this Charter is entered in the Red Book of the Exchequer at Westminster: In the Octavo Edition, pa. ix, this Assertion is corrected; and the Copy is given as from the Cotton MS. On diligent Search, no such Article has been found in the Red Book. | ||||
| 4 | ||||
The Text is printed from the Cotton MS. Claudius D. II. fo. 79, or 70, b.—The Various Readings are from the Copy printed in Blackstone’s Charters, Quarto Edition, pa. vi. in the Notes, as from the Red Book of the Exchequer; but on diligent Search no such Article has been found there. | ||||
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5 | |||
The Text is printed from the Register Book V. fo. 14, b, in the Archives of Canterbury Cathedral.—The Various Readings marked IX. are from the Register Book IX. fo. 78, in the same Archives.—Those marked R. are from an Entry in the Red Book of the Exchequer at Westminster, fo. 273, b, of a Bulle of Pope Innocent III. reciting and confirming this Charter.—From an Entry in the same Red Book, fo. 267, b, it appears that this Bulle was brought into the Exchequer for safe Custody, on the 20th of April, An. 8 Edw. II.—The Bulle is dated Lateran̄ 3 kl̵ April̵, pontificatus nr̃i anno octavo decimo. | ||||
| 6 | ||||
The Text is printed from the Original under the Seal of King John, now preserved in The British Museum; Donation MSS. No. 4838; having been placed in that Repository by Earl Stanhope, in the Year 1769. This appears to be the identical Instrument, formerly in the Possession of Archbishop Laud, and afterwards of Dr. Burnet, Bishop of Salisbury, from which the Copy in Blackstone’s Charters, Quarto Edition, page 1—9, was printed. A few Letters now worn out or illegible are supplied, in the Italic Character, from Blackstone’s printed Copy.
An Engraved Copy is subjoined. | ||||
| 9 | ||||
The Text is printed from a Charter in the Archives of Lincoln Cathedral; indorsed with the Word Lincolnia repeated on Two Folds of the Charter; and also, in a Hand-writing more modern than the Charter, with the following Words; Concordia int͛ Regem Joh̴em & Barones ꝓ concessionn̄e liƀtatū eccl̵ie & regni Anglie.
An Engraved Copy is subjoined.
The Various Readings marked C. 1. C. 2. are from Two Charters among the Cotton MSS. preserved in The British Museum. C. 1. refers to the Charter from which an engraved Copy was made by Pine, and from which the Copy in Blackstone’s Charters, Quarto Edition, page 10—24, was printed: It is now secured with a Frame and Glass; and some Part of the Great Seal remains annexed; but the Whole is considerably injured.—C. 2. refers to a Charter bound up, with other original Instruments, in a large Volume; Augustus II. No. 106, in the Volume. The Various Readings marked R. are from an Entry, in the Red Book of the Exchequer at Westminster, fo. 234, of the Letters Testimonial which are referred to at the End of the Charter. These Letters Testimonial begin thus:
Mnibus xp̃i fidelibus ad quos p͛sens scriptū ꝑven͛it: Stepħus Dei gr̃a Cantuar̃ Archiep̃s tocius Anglie pimas & sc̃e Rom̄ Eccl̵ie Cardin̄, Henr̃ eadem gr̃a Dublin̄ Archiep̃us, Wil̴l̴mus London̄, Petrꝰ Winton̄, Joscelinꝰ Bathon̄ & Glaston̄, Hugo Linc̃, Walt͛us Wigorn̄, Wil̴l̴s Coventr̃ & Benedc̃us Roff̴, divina miserac͠one Ep̃i, & Magr̃ Pandulfus domini p̃p subdiaconus & familiaris sal̵t̃m in dño. Sciatis nos inspexisse cartam quam dominus nr̃ Johannes Illustris Rex Anglie fecit Comitibʒ, Baronibus & liberis hominibʒ suis Anglie de liƀtate sc̃e eccl̵ie & liƀtatitibus & liberis consuetudinibʒ suis eisd̵ ab eo concessis sub hac fora. The whole Charter is then recited at Length, and the Letters Testimonial end thus:
Et ne huic forme p͛dc̃e aliqid possit addi vl̵ ab eadem aliq̃ possit subtahi vl̵ minui, huic scipto sigilla nr̃a apposuimus. | ||||
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14 | |||
The Text is printed from the Charter, in the Archives of Durham Cathedral, from which the Copy in Blackstone’s Charters, Quarto Edition, page 27—36, was printed. The Various Readings are from an Entry in the Red Book of the Exchequer at Dublin, fo. 69, of a Charter of the same Date transmitted to Ireland. | ||||
| 17 | ||||
The Text is printed from the Charter, with the Seals of the Legate and the Earl Marshal remaining annexed, in the Bodleian Library at Oxford, MSS. Furney, No. 5, from which the Copy in Blackstone’s Charters, Quarto Edition, page 37—46, was printed. | ||||
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20 | |||
The Text is printed from a Charter, with the Seal of the Legate remaining annexed, preserved in the Archives of Durham Cathedral. This Charter has been in Part destroyed by Time or Accident. The Words and Letters requisite to supply the Deficiencies are suggested from Copies of the Charter of the Forest in Lib. X. fo. 18, at the Exchequer at Westminster; in the Black Book of the Cathedral of Christ-Church, Dublin; and in the Domesday Book of the Cathedral of York. The Words and Letters so suggested are printed in the Italic Character.
An Engraved Copy is subjoined. | ||||
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22 | |||
The Text is printed from a Charter in the Archives of Durham Cathedral, with the Great Seal remaining annexed. This Charter has been injured by the Accident of some Ink having been thrown over it; Some Words and Letters are therefore nearly illegible. These have been ascertained by the Aid of the Ledger Book, Cartm I. fo. 194, in the same Archives.
An Engraved Copy is subjoined.
The Various Readings marked W. are from the Charter of this Date, from which the Copy in Blackstone’s Charters, Quarto Edition, page 47—59, was printed. That Charter is preserved in the Evidence Tower at Lacock Abbey, in the County of Wilts: It is indorsed with the following Words: Ex deposito militū Wiltisir̃. Henr̃ Reg̃ fil̵ Joħ Reg̃ de liƀtatibʒ & qibusdā ꝯsuetudinibʒ ꝑ Angliā ꝯstitut̃. The Various Readings marked R. are from an Entry in the Red Book of the Exchequer at Westminster; fo. 183. | ||||
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26 | |||
The Text is printed from the Charter in the Archives of Durham Cathedral, with the Great Seal remaining annexed, from which the Copy in Blackstone’s Charters, Quarto Edition, page 60—67, was printed. This Charter has been in Part destroyed by Time or Accident. The Words and Letters deficient have been supplied from an Entry of the Charter in the Ledger Book, Cartm III fo. 211, in the same Archives: These are inserted within Brackets. | ||||
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28 | |||
The Text is printed from the Charter, with the Great Seal remaining annexed, preserved in the Bodleian Library at Oxford, MS. Furney, No. 6, from which the Copy in Blackstone’s Charters, Quarto Edition, pages 68, 69, was printed. The Various Readings are from an Entry on the Charter Roll in the Tower of London, 21 Hen. III. m. 7. | ||||
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28 | |||
The Text is printed from a Charter in the Volume of the Cotton MSS. Augustus II. No. 51, in the Volume. Some apparent Errors in this Charter, and several Instances in which it differs from all the preceding Charters, are specified in the Notes. | ||||
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31 | |||
The Text is printed from the Charter Roll in the Tower of London, 49 Hen. III. m. 4; from which the Copy in Blackstone’s Charters, Quarto Edition, page 74—78, was printed. The Various Readings are from Copies of the Charter in Cotton MS. Claudius D. II. fo. 137 or 124; and in a Manuscript No. 70, in the Library of Corpus Christi College, Cambridge; which Copies agree with each other.
In Addition to this Charter of Confirmation, it appears that the Great Charter and the Charter of the Forest were at the same Time confirmed and renewed by Charters, in the Nature of Charters of Inspeximus, in which they were respectively recited at Length; and that such Charters were transmitted to the several Counties. It is not known that any of these Charters have been preserved, or are now in Existence: But in the Manuscript No. 70. in Corpus Christi College, Cambridge, and also in the Cotton MS. Claudius D. II. are inserted the Introductory and concluding Forms of the Charter of Inspeximus of Magna Carta, as sent to the County of Middlesex, under Date of 14th March 49 Hen. III: The Charter of 9 Hen. III. is there merely referred to, and not fully recited; and a Note is added, that the Charter of the Forest was in like Manner confirmed.
In the Harleian Manuscript, No. 489, in the British Museum, are Copies of the Two Charters of Inspeximus at length, as sent into Somerset and Dorset, dated March 13th, respectively reciting the Whole of the Charters 9 Hen. III. The following is the Form of the Introduction and Conclusion to Magna Carta:
Henricus dei gr̃a Rex Augl̵ Dñs Hibern̄ & Dux Aqit̃ Archiep̃is, Ep̃is, Abbatibꝫ, Prioribꝫ, Com̄ Baron̄ Milit̃, liberis hõibꝫ & om̄ibꝫ aliis de Com̄ Som͛s̃ & Dors̃ Salt̃m. Sciatis nos intuitu dei & ꝓ salute āīe nr̃e & āīaꝝ añcessoꝝ & successoꝝ nr̃m cōcessisse Archiep̃is, Ep̃is, Abbatibꝫ, Prioribꝫ, Com̄, Baron̄, Vic̃, p͛põis, & ōibꝫ Bal̴l̴is & fidelibꝫ nr̃is om̄es lib̴tates subsciptas ꝑ cartā nr̃am qam eis dudū fieri fecimus in hec verba. H. dei gr̃a Rex Angl̵, [&c. reciting Magna Carta at length to the End;] Dat̃ apd̵ Westm̄ xj die Febr̃ anno r̃. ñ. ix. Nos autem p͛dc̃as donac͠ones cōcessiones & libertates p͛dc̃as ratas habētes & gatas eas p͛senti sigillo nr̃o signatas innovamꝰ. Et ꝓ nobis & hered̴ nr̃is & successoribꝫ regibꝫ Angl̵ īꝑpetuū cōcedimꝰ, & cōfirmamꝰ. Hiis testibꝫ, ven͛abilibꝫ pr̃ibꝫ H. Lond̴, W. Wygorn̄, J. Wynt̃, B. Dunel̵ens̃, H. Eliens̃, R. Coventr̃ & Lich̴, S. Cycestr̃, W. Bathon̄ & Wel̴l̴n, & W. Landaven̄, Ep̃is; S. de Monteforti Com̄ Leic̃, H. le Despens̃ Just̃ Angl̵, Th. de Clare, Joh̴e de Burgo, Joh̴ fil̵ Joh̴is, Petro de Monteforti, Rad̴o de Cameis, Ad̵ de Novo m͛cato, Egid̵ de Argentē, Rog̃o de Sc̃o Joh̴ne, Nich. de Segave, Wil̴l̴o de Mōte Gaviso, Joh̴ de Vesci, Wil̴l̴ Marmion, Walt͛ de Creppīg̃, Rob de Insul̵, Rad̵ de Sandwico, & aliis. Dat̃ ꝑ manꝰ Mag̃ri Th̴ de Cantilupo, Canc̃ nr̃i, apd̴ Westm̄ xiij die Mart̃, ao r̃. ñ. xl nono. The Charter of the Forest is recited and confirmed in the like Form; except that in the Introduction, instead of the Words Milit̃, lib̴is hõibꝫ, the Words Justic̃ forestariis, Viridariis, Agistor̃, Regardatoribꝫ, are inserted: and in the concluding Form of Confirmation, instead of the Words p͛dc̃as donac͠ones, cōcessiones & libertates p͛dc̃as, the Words donac͠ones & cōcessiones libertatū predc̃aꝝ are used; and the Names of the Witnesses are not repeated, but merely referred to by the Words Hiis Testibꝫ, &c. | ||||
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33 | |||
The Text of this Charter, which is a Charter of Inspeximus, reciting and confirming Magna Carta 9 Hen. III. is printed from a Charter, with the Great Seal remaining annexed, preserved in the Archives of the City of London, at the Town Clerk’s Office of the Guildhall of that City. On the Fold of the Charter, through which the Label for the Seal passes, is written ℞ de Scard̵ examinavit. London̄. and in a Schedule annexed to the Charter is a Writ to the Sheriffs of London, for the Proclamation and Observation thereof; a Copy of which is printed at the End of the Charter. On the Back of the Charter is the following Indorsement, written in the Time of Edward II. Magna Carta ℞ H. de lib̴tatibꝫ Angl̵, confirmata ꝑ dñm ℞ E. pr̃is Reg̃ nunc.
An Engraved Specimen is subjoined.
The Various Readings are from Magna Carta 9 Hen. III. as printed in Pages 22—25 of this Series of Charters: They shew in what Instances all the Copies of that Charter there noticed differ from the Recital in this Charter of Inspeximus.
A Charter of Inspeximus of the Carta de Foresta was also granted in this 25th Year of Edward I. It is not known that any Autograph of this Charter has been preserved.
The Entries of both these Charters of Inspeximus upon The Statute Roll 25 Edward I. are printed in this Volume among The Statutes of that Year. | ||||
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37 | |||
The Text is printed from The Charter preserved in The British Museum, with the Great Seal remaining annexed, Cotton Charters VII. 9, from which the Copy in Blackstone’s Charters, Quarto Edition, page 80—82, was printed. | ||||
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38 | |||
The Text of this Charter, which is a Charter of Inspeximus, reciting and confirming Magna Carta, 9 Hen. III. is printed from an Entry on the Charter Roll of 28 Edw. I. in the Tower of London, No. 26, on that Roll. The Roll is entitled Carte de anno regni Regis Edwardi, filii Regis Henrici, vicesimo octavo.
Like Charters of Inspeximus of this Date, under the Great Seal, are still preserved in the Archives of the City of London, of Durham Cathedral, Westminster Collegiate Church, and Oriel College, Oxford. All these agree very exactly with the Text as now printed from the Charter Roll, except that the Charters begin with the Name and Title of the King at length, as follows: Edwardus dei gr̃a Rex Angl̵, dñs Hibn̄, & dux Aquit̃, Archiep̃is, Ep̃is, Abbatibus, Prioribus, Comitibus, Baronibus, Justic̃, Vicecomitibus, Prepositis, Ministris, & om̄ibus Bal̴l̴is & fidelibus suis Sal̵tm. Some Variations also occur in the several Charters in the spelling of the Names of the Witnesses.
The Various Readings noted at the Bottom of this Charter are from the Charter of Inspeximus 25 Edw. I. as printed in Pages 33—36 of this Series of The Charters; they shew in what Particulars that Charter of Inspeximus differs from this of 28 Edw. I. | ||||
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42 | |||
The Text of this Charter, which is a Charter of Inspeximus, reciting and confirming Carta de Foresta, 9 Hen. III. is printed from an Entry on the Charter Roll of 28 Edw. I. No. 25, on that Roll.
Like Charters of Inspeximus of this Date, under the Great Seal, are preserved in the Archives of Durham Cathedral and Oriel College, Oxford; these agree very exactly with the Text as now printed from the Charter Roll; except that they begin with the Name and Title of the King at length, and vary a little in spelling the Names of some of the Witnesses.
The Various Readings noted at the Bottom of this Charter are from Carta de Foresta, 9 Hen. III. as printed in Pages 26, 27, of this Series of Charters: They shew in what Instances that Charter differs from the Recital in this Charter of Inspeximus. Among the Names of the Bishops who are Witnesses to the Confirmation, J. Norwycens̃, ought to follow J. Rof̴f̴, as in Magna Carta 28 Edw. I. This Name is omitted on the Roll, but is found in the Charters under Seal. | ||||
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44 | |||
The Text is printed from The Charter, with the Great Seal remaining annexed, preserved in the Bodleian Library at Oxford, MS. Furney, No. 8, from which the Copy in Blackstone’s Charters, Quarto Edition, pages 85, 86, was printed. |