The Statute of Westminster of 1285, also known as the Statute of Westminster II or the Statute of Westminster the Second,[1] like the Statute of Westminster 1275, is a code in itself, and contains the famous clause De donis conditionalibus,[2] one of the fundamental institutes of the medieval land law of England.[2]
 | |
| Long title | Statutes of King Edward, Made at WESTMINSTER in his PARLIAMENT, at EASTER, In the THIRTEENTH YEAR of his Reign |
|---|---|
| Citation | 13 Edw. 1. St. 1 |
| Territorial extent | England and Wales |
| Dates | |
| Commencement | 1 April 1285 |
| Other legislation | |
| Amended by | |
Status: Partially repealed | |
William Stubbs says of it:[3]
The law of dower, of advowson, of appeal for felonies, is largely amended; the institution of justices of assize is remodelled, and the abuses of manorial jurisdiction repressed; the statute De religiosis, the statutes of Merton and Gloucester, are amended and re-enacted. Every clause has a bearing on the growth of the later law. The whole, like the first statute of Westminster, is a code in itself…[2]
Most of the statute was repealed in the Republic of Ireland in 1983 and the rest in 2009.[4]
Chapters
editThe Statute of Westminster II is composed of 50 chapters. The de donis conditionalibus clause is chapter 1, and is still in force. Chapter 46 became known as the Commons Act 1285 and was repealed in England in 2006, and in Wales in 2007.[5]
| Chapter | Short title | Title | Notes |
|---|---|---|---|
| 1 | De donis conditionalibus | In Gifts in Tail the Donor's Will shall be observed. The Form of a Formedon. | Still in force in England and Wales. |
| 2 | Replevin Act 1285 | A Recordare to remove a Plaint. Pledges to prosecute a Suit. Second Deliverance. | |
| 3 | A Cui in vita for the Wife. Where a Wife, or he in Reversion, shall be received. | ||
| 4 | Where the Wife shall be endowable of Lands recovered against her Husband. Where the Heir may avoid a Dower recovered. A remedy for particular Tenants losing by default. | ||
| 5 | Recovery of Advowsons Act 1285 | Remedies to redress Usurpations of Advowsons of Churches, &c. | |
| 6 | The Penalty if a Tenant impleaded voucheth, and the Vouchee denieth his Warranty. | ||
| 7 | Admeasurement of Dower for the Guardian and the Heir, and the Process therein. | ||
| 8 | In what Case a Secunda superoneratione Pasturæ shall be awarded. | ||
| 9 | In what Case the Writ of Mesne is to be pursued. | ||
| 10 | Suits Before Justices in Eyre Act 1285 | At what Time Writs shall be delivered for Suits depending before Justices in Eyre. Any Person may make a general Attorney. | |
| 11 | Accountants Act 1285 | The Masters Remedy against their Servants, and other Accomptants. | |
| 12 | Appeal of Felony Act 1285 | The Appellant being acquitted, the Appellor and Abettors shall be punished. There shall be no Essoin for the Appellor. | |
| 13 | Sheriff's Tourn, etc. Act 1285 | The Order of the Indictments taken in the Sheriffs Turn. | Repealed by Sheriffs Act 1887 (50 & 51 Vict. c. 55). |
| 14 | Actions of Waste Act 1285 | The Process in an Action of Waste. A Writ to enquire of Waste. | |
| 15 | Suit of Infant by Next Friend Act 1285 | An Enfant eloined may sue by Prochein Amy. | Still in force in the Republic of Ireland. |
| 16 | Wardship Act 1285 | Priority of Feoffment giveth Title of Wardship. | |
| 17 | Essoin Act 1285 | In what Case Essoin De malo lecti doth lie, and where not. | |
| 18 | Damages: Execution Act 1285 | He that recovereth Debt may sue Execution by Fieri facias or Elegit. | |
| 19 | Intestates' Debts Act 1285 | The Ordinary chargeable to pay Debts as Executors. | |
| 20 | The Tenants Answer in a Writ of Cosinage, Aiel, and Besaiel. | ||
| 21 | A Cessavit by the chief Lord against his Freehold Tenant. | ||
| 22 | Waste maintainable by one Tenant in common against another. | ||
| 23 | Executors; Writ of Accompt Act 1285 | Executors may have a Writ of Accompt. | |
| 24 | A Writ of Nuisance of a House, &c. levied and aliened to another. A Quod permittat and Juris utrum for a Parson of a Church. In like Cases like Writs be grantable. | ||
| 25 | Of what Things an Assise shall lie. Certificate of Assise. Attachment in an Assise. | ||
| 26 | Who may bring a Writ of Redisseisin, and the Punishment of the Offender therein. | ||
| 27 | Essoins Act 1285 | Essoin after inquest, but none after Day given Prece partium. | |
| 28 | In certain Actions, after Appearance there shall be no Essoin. | ||
| 29 | Writs of Trespass, etc. Act 1285 | To whom only the Writ of Trespass of Oyer and Terminer shall be granted. In what Case the Writ of Odio & Atia is granted. | |
| 30 | Justices of Nisi Prius, etc. Act 1285 | The Authority of Justices of Nisi prius. Adjournment of Suits. Certain Writs that be determinable in their proper Counties. A Jury may give their Verdict at large. None but which were summoned shall be put in Assises or Juries. | |
| 31 | Bills of Exceptions Act 1285 | An Exception to a Plea shall be sealed by the Justices. | |
| 32 | Mortmain Act 1285 | Mortmain by Recovery of Land by Default. | |
| 33 | Forfeiture of Lands Act 1285 | Lands where Crosses be set, shall be forfeited as Lands aliened in Mortmain. | |
| 34 | Forfeiture of Dower, etc. Act 1285 | It is Felony to commit Rape. A married Woman elopeth with Advouterer. The Penalty for carrying a Nun from her House. | |
| 35 | Punishment of him that taketh away a Ward Act 1285 | In what Cases do lie a Writ of Ravishment of Ward, Communi Custodia, Ejectione, &c. | |
| 36 | Procurement of Suits Act 1285 | A Distress taken upon a Suit commenced by others. | |
| 37 | The Distress Act 1285 | No Distress shall be taken but by Baliffs known and sworn. | |
| 38 | Juries Act 1285 | How many shall be returned in Juries and petit Assises, and what Age they shall be. | |
| 39 | Execution of Process Act 1285 | The Manner to deliver Writs to the Sheriff to be executed. The Sheriff returneth a Liberty where none is. Returning of Issues. Resistance of Execution of Process. | Repealed by Sheriffs Act 1887 (50 & 51 Vict. c. 55). |
| 40 | A Woman's Suit shall not be deferred by the Minority of the Heir. | ||
| 41 | Alienation by Religious Houses, etc. Act 1285 | A Conira formam Collationis; and a Cessavit to recover Lands given in Alms. | |
| 42 | Fees of King's Marshall Act 1285 | The several Fees of Marshals, Chamberlains, Porters of Justices in Eyre, &c. | |
| 43 | Hospitallers and Templars Act 1285 | Hospitallers and Templars shall draw no Man into Suit, &c. | |
| 44 | Fees of Officers on Circuit Act 1285 | The Fees of Porters bearing Verges before the Justices; and of Cirographers, Clerks, &c. | |
| 45 | Execution Act 1285 | The Process of Execution of Things recorded within the Year, or after. | |
| 46 | Commons Act 1285 | Lords may approve against their Neighbours. Usurpation of Commons during the Estate of particular Tenants. | Repealed in England and Wales in 2006. |
| 47 | Salmon Preservation Act 1285 | A Penalty for taking of Salmons at certain Times of the Year. | |
| 48 | In what Cases the View of Land is grantable, and what not. | ||
| 49 | Maintenance and Champerty Act 1285 | The Penalty for buying the Title of Land depending in Suit. A Remedy for Suits where the Law faileth. | |
| 50 | No Man shall depart from the King's Court without Remedy. |
See also
edit- Casu consimili
- Statute of Winchester of 1285 (13 Edw. I, St. 2)
References
edit
Wikisource has original text related to this article:
- ^ Per the official revised text
- ^ a b c Chisholm, Hugh, ed. (1911). . Encyclopædia Britannica. Vol. 28 (11th ed.). Cambridge University Press. pp. 551–552.
- ^ Stubbs, William. The Constitutional History of England in Its Origin and Development.
- ^ The whole statute, except chapters 1 and 15, was repealed by section 1 of, and Part 2 of the Schedule to, the Statute Law Revision Act 1983. Chapter 1 was repealed by section 1 of, and Part 2 of Schedule 2 to, the Land and Conveyancing Law Reform Act 2009.
- ^ Commons Act 1285 at legislation.gov.uk
- Text of the Statute of Westminster the Second 1285 (c. 1) as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
External links
edit- List of repeals in the Republic of Ireland from the Irish Statute Book.
- Tomlins, Thomas Edlyne; Raithby, John (1810). Statute of Westminster 1285 [13 Edw. I. - A.D. 1285 Statute II]. The Statutes of the Realm: Printed by Command of His Majesty King George the Third; in pursuance of an Address of the House of Commons of Great Britain. Vol. I. London, Great Britain: Dawson of Pall Mall. pp. 71–95. OCLC 426777557.
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