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Charta De Foresta

charter, forest, henry and inderwick

CHARTA DE FORESTA (written Carta de Forestay. A collection of the laws of the forest, made in the reign of Hen. III.

The charta de forests was called the Great Char ter of the woodland population, nobles, barons, free men, and slaves, loyally granted by Henry III. early in his reign (A. D. 1217). Inderwick, King's Peace 159; Stubb'e Charters 847. There is a dif ference of opinion as to the original charter of the forest similar to that which exists respecting the true and original Magna Carta (q. v.), and for the same reason, viz., that both required repeated con firmation by the kings, despite their supposed in violability. This justifies the remark of recent his torians as to the great charter that "this theoret ical sanctity and this practical insecurity are shared with 'the Great Charter of Liberties' by the Char ter of the Forest which was issued in 1217." 1 Poll.

Maitl. 158. It is asserted with great poeitive ness by Inderwick that no forest charter was ever granted by King John, but that Henry III. issued the charter of 1217 (which he puts in the third year of the reign, which, however, only commenced Oct. 28, 1216), in pursuance of the promises of his father ; and Lord Coke, referring to it as a charter on which the lives and liberties of the population depended, says that it was confirmed at least thirty times between the death, of John and that of Henry V. ; 4 Co. Inst. 303.

Webster, under the title Magna Charta, says that the name is applied to the charter granted in the 9th Hen. III. and confirmed by Edw. I. Prof. Mait land, In speaking of Magna Carta, refers to "the sister-charter which defined the forest law" as one of the four documents which, at the death of Henry III., comprised the written law of England. 1 Soc. England 410. Edward I. in 1297 confirmed "the charter made by the common consent of all the realm in the time of Henry III. to be kept in every point without breach." Inderwick, King's Peace 160; Stubb's Charters 486. The Century Dictionary refers to this latter charter of Edw. I. as the Charter of the Forest; but it was, as already shown, only a confirmation of it, and a comparison of the authorities leaves little if any doubt that the date was as above stated and the history as here given. Its provisions may be found in Stubb'e Charters and they are summarized by Inderwick, in his re cent work above cited. See FOREST LAWS.