MAGNA CARTA AND STATUTES OF THE REALM with REGISTER OF WRITS, in Latin and Anglo-Norman, DECORATED MANUSCRIPT ON VELLUM. [England, first quarter 14th century]
MAGNA CARTA AND STATUTES OF THE REALM with REGISTER OF WRITS, in Latin and Anglo-Norman, DECORATED MANUSCRIPT ON VELLUM. [England, first quarter 14th century]

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MAGNA CARTA AND STATUTES OF THE REALM with REGISTER OF WRITS, in Latin and Anglo-Norman, DECORATED MANUSCRIPT ON VELLUM. [England, first quarter 14th century]

224 x 155mm. 163 leaves: 1-28, 310, 4-58, 66, 7-88, 96(of 8, vii and viii cancelled blanks), 10-208, 215(of 6, ?v cancelled blank) COMPLETE, modern pencil foliation 1-159 skipped leaves between 50 & 51, 56 & 57, 105 & 106 and 122 & 123, catchwords on final versos except for ff.68 and 159 and medieval signature marks throughout, the Statutes (ff.5-66v) of 30 lines written in a small cursive anglicana documentary script in brown ink between 31 horizontals and two pairs of verticals with a further horizontal for running titles and a further pair and single verticals for titles in the outer margins, all ruled in plummet, justification: 167 x 115mm, the Register of Writs (ff.69-158v) of 25-26 lines written in a cursive anglicana documentary script in brown ink between 26-27 horizontals and two verticals ruled in plummet, page-edge rulings and prickings survive on many leaves, regulae underlined in red and marginal titles underlined and framed in red, throughout the manuscript paragraph marks alternately red and blue, FIFTY LARGE PUZZLE INITIALS OF RED AND BLUE FLOURISHED IN RED and six large blue initials with red flourishing, all with cusped extensions to form text-height borders and with penwork tendrils, leaves and flowerheads into top and bottom margins, infills with reserved ivy- or clover-leaf ornament and, for the initial opening Magna Carta, dragons (page-edges darkened, spotting or staining to 30v/31, 55v-56bis, 59v/60, 75v/76 and 76v/77 not affecting legibility but three initials smudged, occasional minor spotting elsewhere, a few wormholes, darkening and marginal staining to first four and final five leaves). Early 19th-century English vellum, brown leather label lettered in gilt (small split at head of upper joint); quarter morocco folding case.

A FINE EARLY COMPENDIUM OF THE FOUNDATIONS OF ENGLISH LAW

PROVENANCE:

1. By combining the Statutes, which were the basis of common law, and a collection of writs, on which new actions in the pursuit of justice were modelled, the present manuscript provided the essential texts for understanding and effecting medieval law. Although the majority of legal manuscripts are likely to have been owned by lawyers they also belonged to merchants, landowners, churchmen and estate officials. By the 15th century workshops associated with the Inns of Court specialised in the production of such books, but at the date of this manuscript they were probably written by the chancery clerks whose main responsibility was the issuing of writs.

2. Various 15th-century pentrials and additions other than legal forms include the draft of an agreement made between 'I. S. keper of ye colege of martyn at oxnd and scol'r of ye same place' and Rychard ap Rys (f.67v), and a copy of a letter in French signed Thomas (f.158v). The tantalizing letter, addressed to 'Treshonore sire et frere', is suggestive of international court intrigue. It asks for news and for faith and credence to be given to Thomas Dunham who will be able to tell more fully all those things that cannot be written. It ends by asking for greetings to be conveyed to 'ma tres honore et tres hexcellente dame madame la ... princesse et a ma tres bonne et tres noble dame madame de bretaygne et a madame madame de ?ponyngyz et as touz mes alutres dames et damysell et a monsieur Guilam de noville monsire Richardston et Vache et Hamton'. The 'Guilam de noville' could refer to William de Neville, Earl of Kent (d.1463) or, as the script appears to be from the first part of the 15th century, William de Neville (d.1389), who relieved Brest in 1372 and was in France again in 1383 treating for peace with France and Scotland.

3. Rogers Ruding (1751-1820), numismatist and author of Annals of the Coinage of Britain and its dependencies; from the earliest period to the end of the fiftieth year of the reign of his present Majesty, London 1817-19: his armorial bookplate inside upper cover. Ruding owned another legal manuscript, a Formulare Brevium, now in Harvard Law Library (de Ricci, p.1004, no 22) that was subsequently owned by Sir Thomas Phillipps.

4. Sir Thomas Phillipps: the present manuscript has been identified with the quarto vellum-bound 14th-century copy of 'Magna Charta, Carta Forestae &c, Olim Rogers Ruding. Incip. Edwardus' that was ms 9603 in the Middle Hill catalogue.

5. Purchased from John F. Fleming, New York, 11 June 1985.

CONTENTS:

By issuing Magna Carta at Runnymede in 1215 King John bound himself and all of England's future sovereigns to the rule of law. The terms of the Great Charter were refined and confirmed by John and his 13th-century successors, guaranteeing the rights and liberties of all freemen of the kingdom; it became the foundation of English common law and remained the most fundamental part of enacted law until the 18th century. It owed its continued and widespread importance to the interpretation of Sir Edward Coke (1552-1634), Attorney General to Elizabeth I and Chief Justice of James I of England. It was through the publication of his view -- 'Magna Charta is such a fellow that he will have no sovereign' -- when he marshalled it in argument against the actions and power of Charles I of England that it came to inspire the charters for the American colonies. The colonies later turned to it to justify revolution against British policies: the Massachusetts Assembly invoked it in declaring the 1765 Stamp Act null and void, and on the eve of revolution adopted a new seal showing a militia man with a sword in one hand and Magna Carta in the other. The American Bar Association erected a monument at Runnymede in 1957 in acknowledgement of Magna Carta's importance for American law and constitutionalism.

The earliest Statute Roll dates from 1278 and by the beginning of the fourteenth century collections of the enrolled Statutes of the Realm began to be produced in book-form. The present manuscript is an early example of one of these. It opens with the confirmation of Magna Carta and the Charter of the Forest made by Edward I (reg. 1272-1307), and contains all the principal Statutes enrolled during his reign: the Statutes of Westminster I and II, which cover the whole field of property, criminal and constitutional law, and many other Statutes of more restricted application. These were part of the wide-ranging legislative reforms enacted to clarify the tangle of rules with which the realm had earlier been governed. The latest securely datable inclusions in this manuscript are from the 34th year of Edward's reign, 1305-6, and, although several are of uncertain date, there is no Statute certainly enacted by Edward II; it seems likely that the manuscript was written close to the end of the reign of Edward I. This would be consistent with the style of script and decoration of the manuscript. One of the two statutes latest in date, the Statutum de ho[min]ibus capiendis propter manifestam suspic[i]o[ne]m (ff.62v-63), was occasioned by the rebellion of Robert the Bruce. While Edward was away quelling the Scottish rebellion bailiffs in England were to act against any felon of whom there was suspicion, in this way maintaining peace in the King's absence: this involved the suspension of an earlier Statute of Westminster. Edward died just a year later preparing to take the field against the Bruce in order to regain the crown of Scotland. Intriguingly, this Statute is not included in the published corpus.

The second part of the present manuscript is a Register of Writs. These were produced as formulary books; they provided a range of writs previously issued in chancery -- the first step in the judicial process and the only means of implementing the law enacted in the Statutes -- and served as exemplars in the pursuit of any action in the protection of rights or liberties. They were 'the basis of the mediaeval common law, a guide to its leading principles, and a commentary upon their application': T.F.T. Plunkett, Statutes and their Interpretation in the First Half of the Fourteenth Century, Cambridge 1922, p.111. Such collections were already being compiled in the twelfth century -- Sir Edward Coke described Registers of Writs as 'a most ancient Book, and of great Authority in Law'. They were referred to as the 'Register of the Chancery', Registrum de cancellaria, in the Statute of Westminster II (1285): this is a feature of early examples and how this section of the text is listed in the contents of the present manuscript (f.1). With the enactment of new Statutes it was essential that the examples given should be of the moment. By the 15th century the texts were often arranged leaving space for new writs to be added, but this is not the case with the present manuscript, and the fact that the dated writs all stem from the 20th and 21st year of the reign of Edward I (1292 and 1293) suggest that this Register was not written too far from that time.

The final textual component, filling both recto and verso of the last folio, is an appendix providing explanations in Latin of 33 Old or Middle English legal terms: for example, Crichbrech hoc est quod pax domini Regii fracta est ... quia Crich Anglice pax latine et Brech Anglice fracta latine and Burghbote hoc est quieti de auxilio dando ad reficiendum burgum castrum civitatem vel muros prostratos. It is a version of the Expositiones vocabulorum, although not the usual form: J.H. Baker and J.S. Ringrose, A Catalogue of Legal Manuscripts in Cambridge University Library, 1996, p.100. It opens with Ok (for Sok) and closes with Briggebote.

Unless otherwise specified in the list below the texts are in Latin. The references in parenthesis are to the printed corpus (Statutes of the Realm, vol.i, 1810), and give the relative regnal date of Henry III (1216-1272) or Edward I for the statutes that can be dated.

f.1 List of Contents; ff.1v-4v Lists of Chapters in Magna Carta, Charter of the Forest, Statutes of Merton, Marlborough, Westminster I, Gloucester, Westminster II; ff.5-7v Magna Carta (28 EI: SRi, Charters 38-41); ff.7-9 Charter of the Forest (28 EI: SRi, Charters 42-44); f.9v Sentence of curse against the breakers of Charters (37 HIII: SRi, 6-7); ff.10-13 Novi articuli, in French (28 EI: SRi,136-41); ff.13-14v Statute of Merton (20 HIII: SRi,1-4); ff.14v-18 Statute of Marlborough (52 HIII:SRi, 19-25); ff.18-26v Statute of Westminster I, in French (3 EI: SRi, 26-39); ff.26v-29 Statute of Gloucester, in French (6EI: SRi, 45-50); f.29 Exposition of the Statute of Gloucester (6EI: SRi, 50); ff.29-43v Statute of Westminster II (13 EI: SRi, 71-95); ff.43v-44 Statute concerning the buying and selling of land (18EI: SRi, 106); ff.44-44v Statute for religious me (7EI: SRi, 51); ff.44v-45v Statute of fines levied (27 EI: SRi, 128-30); ff.45v-47 Statute of merchants, in French (13 EI: SRi, 98-100); ff.47v-48 Statute for joint tenants (34 EI: SRi, 145); f.48v Statute De Quo Waranto (18 EI: SRi, 107); ff.48v-49 writs De Quo Waranto, in French; ff.49-49v Statute of persons vouched to warranty who are present (20 EI:SRi,108-09); f.49v Provision for the day in leap year (40 HIII: SRi,7); ff.49v-50 Statutum de recognitoribus; ff.50-50bisv Statute of Winchester, in French (13 EI: SRi, 98-100); f.50bisv Statute of champerty, in French (SRi, 216); f.51 Statute concerning conspirators, in French (SRi, 216); ff.51v-52 Statute of bigamy (4 EI: SRi, 42-43); ff.52-52v Statute of waste (20 EI: SRi, 109-10); ff.52v-53 Statute De circumspecte agatis (SRi, 101-2); ff.53-54v Statute De Scaccario (Exchequer), in French (SRi, 197); Districciones scaccarii, in French (SRi, 197b); f.55v Statute for respiting knights (SRi, 229); ff.55v-56 Statute of Rageman, in French (4 EI: SRi, 44); f.56v Statute concerning wards and reliefs, in French (SRi, 228); ff.56v-56bis Statute concerning the sheriff and his clerks (SRi, 213); ff.56bis-56bisv Ordinance of purchasing liberties, in French (27 EI: SRi, 131); ff.56bisv-57 Statute of gavelet in London (SRi, 222); ff.57-57v Statute of Lincoln, for escheators (29 EI: SRi, 142-43); ff.ff.57v-58 Statute of defending right (20 EI: SRi,110); f.58 Statute against allowing protection, in French (SRi, 217); f.58v Statute of Ireland concerning coparceners (20 HIII: SRi, 5); ff.58v-59v Statute of Exeter part 1, in French (SRi, 210-12); Articles of Exeter, in French; ff.61-62 Statute of money, in French (SRi, 219-19a); f.62 Articles of money, in French; f.62v Composition of money (SRi, 200-1); ff.62v-63 Statutum de ho[omin]ibus capiendis propter manifestam suspic[i]o[ne]m (dated 34 EI); ff.63-63v Assize of bread (SRi, 199-200); ff.63v Assize of ale (SRi, 200); f.64 View of frankpledge, in French (SRi, 246-47); f.64v General days in bank (SRi, 208); General days in dower (SRi, 208); f.65 Manner of challenging essoins (SRi, 217-18); ff.65-65v Modis dicitur exceptio; f.65v Manner of making homage and fealty, in French (SRi, 227-28); ff.66-66v For extending or surveying a manor (SRi, ff.242-43); ff.66v-68v various writs, statutes and agreements added in a variety of 15th-century hands; ff.69-158v Register of writs, beginning with a writ of right dated 10 April in the 20th year of the reign of Edward I; f.158v draft of a letter added in a 15th-century hand; ff.159r&v Glossary of Old English legal terms, mostly concerning tax and tenure, with Latin explanations, a version of the Expositiones vocabulorum or Tractatus sok et sak.

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