Statute of Gloucester 1278
| Act of Parliament | |
 | |
| Citation | 6 Edw. 1 |
|---|---|
| Dates | |
| Commencement | 8 July 1278 |
| Other legislation | |
| Amended by | |
| Text of statute as originally enacted | |
The Statute of Gloucester (Latin: Statuta Gloucestr') (6 Edw. 1)[1] is a piece of legislation enacted in the Parliament of England during the reign of Edward I. The statute, proclaimed at Gloucester in August 1278, was crucial to the development of English law. The Statute of Gloucester and the ensuing legal hearings were a means by which Edward I tried to recover regal authority that had been alienated during the reign of his father, King Henry III (1207–1272), who had been made a virtual tool of the baronial party, led by Simon de Montfort. Edward I recognized the need for the legal "reform" and considered Parliament as a means of buying popular support by encouraging loyal subjects to petition the King against his own barons and ministers.
| c. 1 | Several Actions wherein Damages shall be recovered. |
| c. 2 | In what Case Nonage of the Plaintiff shall not stay an Enquest. |
| c. 3 | An Alienation of Land by the Tenant by the Curtesy with Warranty shall be void. |
| c. 4 | In what Casse Ceffavit is maintainable against a Tenant in Fee-farm. |
| c. 5 | Several Tenants against whom an Action of Waste is maintainable. |
| c. 6 | Where dives Heirs shall have one Assise of Mortdauncestor. |
| c. 7 | A Writ of Entry is casu proviso, upon a Woman's Alienation of Dower. |
| c. 8 | No Suit for Goods in the King's Courts under Forty Shillings. Attorneys may be made where an Appeal lieth not. The Defendant being essoined shall bring in his Warrant. |
| c. 9 | One Person killing another in his own Defence, or by Misfortune. An Appeal of Murther. |
| c. 10 | The Husband and Wife being impleaded, shall not vouch [fourch] by Essoin. |
| c. 11 | A feigned Recovery against him in the Reversion, to make the Termor loss his Term. |
| c. 12 | One impleaded in London voucheth Foreign Warranty. |
| c. 13 | No Waste shall be made hanging a Suit for the Land. |
| c. 14 | A Citizen of London shall recover in an Assise Damages with the Land. |
The statute is the origin of the common law doctrine of waste, which allows successors with future interests in a piece of property to prevent current tenants, who do not hold the land in fee simple, from making substantial changes to the property that would decrease its value.[2]
The statute of 1278 provided for several important legal amendments, including a modification of novel disseisin, one of the most popular forms of action for the recovery of land which had been seized illegally. It challenged baronial rights through a revival of the system of general eyres (royal justices to go on tour throughout the land) and through a significant increase in the number of pleas of quo warranto (literally, "By what warrant?") to be heard by such eyres. In such proceedings, individual barons and franchise holders were expected either to show the King's judges proper legal title by which they possessed their rights to private jurisdictions or to lose such rights.
It is the first statute recorded in a Statute Roll.[3]
Chapter 1
[edit]6 Edw. 1. c. 1 is sometimes referred to as the Franchise Act 1278.[4]
6 Edw. 1. c. 1 was repealed, except from "And whereas before Time" to "recover Damages", by section 2 of, and Part I of the Schedule to, the Civil Procedure Acts Repeal Act 1879 (42 & 43 Vict. c. 59).
See also
[edit]References
[edit]Footnotes
[edit]- ^ Phillips, O. H.; Hudson, A. H. (1977). A First Book of English Law (7th ed.). Sweet & Maxwell. p. xi.
- ^ Merrill & Smith (2017), p. 555.
- ^ Winfield, Percy H. The Chief Sources of English Legal History. Page 84.
- ^ Clerk and Lindsell on Torts (16th ed.). Sweet & Maxwell. 1989. p. cclxix.
Works cited
[edit]- Merrill, Thomas W.; Smith, Henry E. (2017). Property: Principles and Policies. University Casebook Series (3rd ed.). St. Paul: Foundation Press. ISBN 978-1-62810-102-7.