Statutes of Westminster
Encyclopedia
The Statute of Westminster of 1275, 3 Edw. ch. 15, aslo known as the Statute of Westminster I, codified existing law in England in 51 chapters.
It was one of two English statute
s largely drafted by Robert Burnell
and passed during the reign of Edward I
. Parliament
having met at Westminster
on 22 April 1275, its main work was the consideration of the Statute of Westminster I. This was drawn up, not in Latin
, but in Norman French, and was passed "par le assentement des erceveskes, eveskes, abbes, priurs, contes, barons, et la communaute de la tere ileokes somons".
Its provisions can be best summarized in the words of Stubbs (Const. Hist. cap. xiv.): "This act is almost a code by itself; it contains fifty-one clauses, and covers the whole ground of legislation. Its language now recalls that of Canute or Alfred, now anticipates that of our own day; on the one hand common right is to be done to all, as well poor as rich, without respect of persons; on the other, elections are to be free, and no man is by force, malice or menace, to disturb them. The spirit of the Great Charter is not less discernible: excessive amercements, abuses of wardship, irregular demands for feudal aids, are forbidden in the same words or by amending enactments. The inquest system of Henry II of England
, the law of wreck, and the institution of coroners, measures of Richard
and his ministers, come under review as well as the Provisions of Oxford
and the Statute of Marlborough
." Chapter 15, known as the Freedom of Election Act 1275, is still in force in the United Kingdom
.
It was one of two English statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
s largely drafted by Robert Burnell
Robert Burnell
Robert Burnell was an English bishop who served as Lord Chancellor of England from 1274 to 1292. A native of Shropshire, he served as a minor royal official before entering into the service of Prince Edward, the future King Edward I of England...
and passed during the reign of Edward I
Edward I of England
Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...
. Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
having met at Westminster
Palace of Westminster
The Palace of Westminster, also known as the Houses of Parliament or Westminster Palace, is the meeting place of the two houses of the Parliament of the United Kingdom—the House of Lords and the House of Commons...
on 22 April 1275, its main work was the consideration of the Statute of Westminster I. This was drawn up, not in Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
, but in Norman French, and was passed "par le assentement des erceveskes, eveskes, abbes, priurs, contes, barons, et la communaute de la tere ileokes somons".
Its provisions can be best summarized in the words of Stubbs (Const. Hist. cap. xiv.): "This act is almost a code by itself; it contains fifty-one clauses, and covers the whole ground of legislation. Its language now recalls that of Canute or Alfred, now anticipates that of our own day; on the one hand common right is to be done to all, as well poor as rich, without respect of persons; on the other, elections are to be free, and no man is by force, malice or menace, to disturb them. The spirit of the Great Charter is not less discernible: excessive amercements, abuses of wardship, irregular demands for feudal aids, are forbidden in the same words or by amending enactments. The inquest system of Henry II of England
Henry II of England
Henry II ruled as King of England , Count of Anjou, Count of Maine, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. Henry, the great-grandson of William the Conqueror, was the...
, the law of wreck, and the institution of coroners, measures of Richard
Richard I of England
Richard I was King of England from 6 July 1189 until his death. He also ruled as Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Lord of Cyprus, Count of Anjou, Count of Maine, Count of Nantes, and Overlord of Brittany at various times during the same period...
and his ministers, come under review as well as the Provisions of Oxford
Provisions of Oxford
The Provisions of Oxford are often regarded as England's first written constitution ....
and the Statute of Marlborough
Statute of Marlborough
The Statute of Marlborough was a set of laws passed by King Henry III of England in 1267. There were twenty-nine chapters, of which four are still in force...
." Chapter 15, known as the Freedom of Election Act 1275, is still in force in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
See also
- Statute of Westminster 1285Statute of Westminster 1285The Statute of Westminster of 1285, like the Statute of Westminster 1275, is a code in itself, and contains the famous clause De donis conditionalibus , one of the fundamental institutes of the medieval land law of England...
- Quia EmptoresQuia EmptoresQuia Emptores of 1290 was a statute passed by Edward I of England that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants wishing to alienate their land to do so by substitution...
of 1290 is sometimes called the statute of Westminster III