a god native land flute a proem to the second part of the institute in the  first part of the institute follow Littleton our Guide we have treat of such  part of the commonlaws statute and custom as he in his three book have leave  unto we we be in this second part of the institute to speak of great Charta  and many ancient and other statute as in the table precedent do appear it be  call great Charta not that it be great in quantity for there be many  voluminous charter common pass special in these late time long then this be  nor comparative in respect that it be great then Charta de forest but in  respect of the great importance and weightiness of the matter as hereafter  shall appear and likewise for the same cause Charta de forest be call great  Charta de forest and both of they be call great paper  freedom England king  Alexander be call Alexander magnus not in respect of the largeness of his body  for he be a little man but in respect of the greatness of his heroical spirit  of who it may be true say man yet in little corpore great to be so as of this  magnacarta it may be true say that it be magnum in little and it be also call  Charta freedom royal power and upon great reason it be so call of the effect  because book compose sometime for the same cause common freedom and Le Chartre  of franchise the end sapiens incipit a fine there be four end of this  magnacarta mention in the preface videlicet the honour of almighty God c the  safety of the king soul the advancement of holy church and the amendment of  the realm four most excellent end whereof more shall be say hereafter by  charter bear date the day of February in the year of king Henry the three and  second by that charter establish by authority of parliament then sit by what  authority and when and so enter into the parliament roll the witness to the  say charter be lord spiritual videlicet Stephen Langton archbishop of  Canterbury e bishop of London I b of bath p of Winchester h of Lincoln Robert  of Salisbury wonder of Rochester wonder of Worcester I of Ely h of Hereford r  of Chicester William of Exeter bishop the abbot of S Edes the abbot of S Albon  the abbot of battle the abbot of S augustine in Canterbury the abbot of  Evesham the abbot of Westminster the abbot of burghe S Peter the abbot of read  the abbot of abington the abbot of Malmesbury the abbot of Winchcomb the abbot  of hide the abbot of Certefey the abbot of Shernborn the abbot of Cerne the  abbot of Abbotebury the abbot of Middleton the abbot of selby the abbot of  Cirencester and of the nobility videlicet Hubert de Burgo chief justice of  England and earl and baron videlicet Randall earl of Chester and Lincoln  William earl of Salisbury William earl warren Gilbert of Clare earl of  Gloucester and Hertford William de Ferrars earl of Derby William Mandevile  earl of Essex h de Bigod earl of Norffolk William earl of Albemarle h earl of  Hereford John constable of Chester Robert de Ros r fitzwalter Robert de  Vipount William de Bruer r de Mountfitchet p Fitzherbert William de Aubeine  Robert Gresly Reignald de Brehus John de Movenne I Fitzherbert Alen Hugh de  Mortimer Walter de Beauchamp William de S John Peter de Mololacu Brian de  Lisle t de Multon Richard de Argentein Jeffrey de Nevil William Maudint John  de baalim and other there be many of the magnacartas and Charta de forest put  under the great seal and send to archbishop bishop and other man of the clergy  the great providence and policy for preservation of it to be safe keep whereof  one of they remain at this day at Lambeth with the archbishop of Canterbury  also the same be enter of record in a parliament roll and after king Edward  the first by Act of parliament do ordain that both the say charter shall be  send under the great seal as well to the justice of the forest as to other and  to all sheriff and to all other the king officer and to all the city through  the realm and that the same charter shall be send to all the cathedral church  and that they shall be read and publish in every county four time in the year  in full county videlicet the next county day after the feast of S Michael and  the next county day after Christmas and the next county day after easter and  the next county day after the Feast of S John it be for the most part  declaratory of the principal ground of the fundamental law of England the  quality and for the residue it be additional to supply some defect of the  commonlaw and it be no new declaration for king John in the year of his reign  have grant the like which also be call great Charta as appear by a record  before this magnacarta make by king Henry home ne suer Mordanc at  westmonasterium of earth in auter county car Ceo sir encont Lestatut de great  Charta sinon and illaassisasemelinterminata to be in person justice also by  the say Act of e I call confirm Chartar it be adjudge in parliament that the  magnacarta and the charter of the forest shall be take as the commonlaw how  and upon what ground it have be impugn soon after the make of this magnacarta  the young king by evil counsel fall into great mislike with it which Hubert de  Burgo top justice England perceive who in former time have be a great lover  and well deserve patriot of his country and learned in the law for rot clause  two Henry member I find that he and many other be justice itinerant in Henry  and I have see a fine levy before he and six other judge between Stephen de  Wamcesle and the abbot of hale yet meaning to make this a step to his ambition  which ever ride without reins persuade and humour the king that he may avoid  the charter of his father king John by duress and his own magnacarta and  Charta de forest also for that he be within age when he grant the same  whereupon the king in the year of his reign be then of full age get one of the  magnacartas and of the forest into his hand and by the counsel principal of  this Hubert his chief justice at a Council hold at Oxford unjust cancel both  the say charter notwithstanding the say Hubert de Burgo be the premier witness  of all the temporal lord to both the say charter whereupon he become in high  favour with the king insomuch as he be soon after videlicet the of December in  the year of that king create to the high dignity that in those time any  subject have to be a earl videlicet of ken but soon after for flatterer and  humorist have no sure foundation he fall into the king heavy indignation and  after many fearful and miserable trouble he be just and accord to law sentence  by his peer in open parliament and just degrade of that dignity which he  unjust have obtain by his counsel for cancel of great Charta and Charta de  forest and the king by his charter grant quoth our really integre to hold  judgment de Huberto de Burgo per baron dictum he be bury in the friar  predicant where Whitehall be now build so as no monument remain of he at this  day in this advice Hubert de Burgo either dissemble his opinion or gross err  as ever ambitious flattery bedazles the eye even of they that be learned first  for that a king can avoid his charter albeit he make it when he be within age  for in respect of his royal and politic capacity as king the law adjudge he of  full age second it be do by authority of parliament and enrol of record it be  strange that any man shall think that the king can avoid they in respect he be  within age three it be to no end to cancel one where there be so many or to  have cancel all when they be of record in the parliament roll or to have  cancel roll and all when they be for the most part but declaratories of the  ancient commonlaws of England to the observation and keep whereof the  Kingwasbound and swear what success those potent and opulent subject Hugh  Spencer the father and son have for give rash and evil counsel to king Edward  the second encounter la from de la grand Chartre I have rather you shall read  then I shall declare exile turgonis la Spencer father son after the make of  great Charta and Charta de forest diverse learned man in the law that I may  use the word of the record keep school of the law in the city of London and  teach such as resort to they the law of the realm take their foundation of  great Charta and Chartade forest which as you have hear the king by ill advice  seek to impeach the king in the year of his reign by his Writ command the  mayor and sheriff of London quoth per all community London to call to make  really to hold before ne some school to hold de law in by the same route  community de the other ibidem law to cause to know si some ibidem to be  hujusmodi school to hold Self without dilation to be remiss fac testae king c  die of the tenth year  royal power Himself Decimus  the ninth but this Writ  take no better effect then it deserve for evil counsel be remove from the king  he in the next year videlicet in the year of his reign complete and in the one  and twenty year current do by his charter under his great seal confirm both  great Charta and Charta de forest he be then year old and after in the year of  his reign establish and confirm both the same by Act of parliament with the  clause quoth contravenient per owner king come intimacy to be violently  to punish hereby shall some opinion and resolution in our book be the better  understand which speak of alienation without licence before or after Henry  which year be nam for that the king then confirm the say magnacarta and in  like manner do king Edward the first by Act of parliament in the year of his  reign and the say two charter have be confirm establish and command to be put  in execution by several act of parliament in all this appear partly by that  which have be say for that it have so often be confirm by the wise providence  of so many act of parliament of what high estimation it have be and albeit  judgement in the king court be of high regard in law and Judicia be account as  law dictam yet it be provide by Act of parliament that if any judgement be  give contrary to any of the point of the magnacarta or Charta de forest by the  justice or by any other of the king minister c it shall be undo and hold for  nought and that both the say charter shall be send under the great seal to all  cathedral church throughout the realm there to remain and shall be read to the  people twice every year the high and most bind law be the statute which be  establish by parliament and by authority of that high court it be enact only  to show their tender care of great Charta and Charta de forest that if any  statute be make contrary to the magnacarta or the charter of the forest that  shall be hold for none by which word all former statute make againsteither of  those charter be now repeal and the noble and great officer be to be swear to  the observation of great Charta and Charta de forest great to be quondam great  respect paper  we in this second part of the institute treat of the ancient  and other statute have be enforce almost of necessity to cite our ancient  author Bracton Britton the mirror Fleta and many record never before publish  in print to the end the prudent reader may discern what the commonlaw be  before the make of every of those statute which we handle in this work and  thereby know whether the statute be introductory of a new law or declaratory  of the old which will conduce much to the true understanding of the text it  self we have also sometime in this and other part of the institute cite the  grand costumier de Normandy where it agree with the law of England and  sometime where they disagree ex a diameter be a book compound as well of the  law of England which king Edward the confessor give they as he that comment  upon that book testify as elsewhere we have note as of diverse custom of the  duchy of Normandy which book be compose in the reign of king Henry the three  videlicet about year after the coronation of king Richard the first of seven  year  of his reign year  dom about year after the Conquest see that book cap  foe a and the comment upon the same cap in which costumier a great number of  the court of justice of the original writ and of many other of the title of  the law of England be not so much as nam or mention and see we have in these  and other part of our institute cite the law and statute of diverse king  before the Conquest and in the conqueror time we have think good for the ease  of the reader to set down the time wherein those king live and decease  a thin fibre begin to reign year  dom and decease aluredus alias Alfredus  alias Elfredus begin to reign year  dom and decease of this allure it be thus  write aluredus the maple innate quality princeps per Grimbaldum Johan  to cause to know monk so much equipment be ut in shorten the official gazette  all notice to have all novum old times  will in present England tribe  to change pron. interrog. transportation pars we happily to fall upon this  learned king in advancement of divine and humane knowledge by the persuasion  of those two monk find the famous university of Cambridge Edward sonofthesaid  allure begin to reign year  dom and decease aa fortis sapiens  to make prosperous Dane to drive out England in absolute rule to lead back  Ethelstanus alias Adelstane old son of the say Edward begin to reign year  dom  and decease b Edmundus begin to reign year  dom and decease c edgarus begin to  reign year  dom and decease d ethelderedus begin to reign year  dom and  decease e Canute begin to reign year  dom b martyr at Hoxon formerly Hegilsdon  and decease f Edward begin to reign year  dom and decease gc peace king  to be eminent William bastardus begin to reign year  dom and decease d nam in  Domesday Glouc Ecclesia de Evesham Adelredus some fragment of the statute in  the reign of the abovesaid king do yet remain but not only many of the statute  and act of parliament but also the book and treatise of the commonlaws both in  these and other king timese in Domesday he be ever write Cnut king and special  in the time of the ancient briton a inestimable lose be not to be find f he be  ever call in Domesd bishop S Edward cestr king Edward devoted to king Griffino  earth who jaccbat trans water who de voice it be to be observe that in  Domesday Haroldus who usurp the crown of England after the decease of king  Edward the confessor be never nam per nomen king say per nomen comrade Haroldi  seu heraldi and therefore we have omit he in cite of the abovesaid law  original write in the Saxon tongue we have refer you to m Lambardg he be in  Domes write William king well William well wonder king who accurate and  faithful translate the same into Latin one page contain the Saxon and the next  the Latin and be in print for our manner be not to cite anything but so to  refer the reader as he may easy find it say ut unicuique swine to assign honor  all those statute in the reign of all the abovesaid king be of ancient time  plain and true translate into Latin whereof we have a very ancient if not the  first manuscript which no doubt do not a little abbreviate m lambard pain upon  the text of the civil law there be so many gloss and interpretation and again  upon those so many commentary and all these write by doctor of equal degree  and authority and therein so many diversity of opinion as they do rather  increase then resolve doubt and incertainty and the professor of that noble  science say that it be like a sea full of wave the difference then between  those gloss and commentary and this which we publish be that their gloss and  commentary be write by doctor which be advocate and so in a manner private  interpretation and our exposition or commentary upon great Charta and other  statute be the resolution of judge in court of justice in judicial course of  proceed either relate and report in our book or extant in judicial record or  in both and therefore be collect together shall as we conceive produce  certainty the mother and nurse of repose and quietness and be not like to the  wave of the sea maxim but Statio be chord to pass away for Judicia are tanquam  law dictam Finis Proemii but now let we peruse the to cover self