Statute of Westminster 1275
Act of Parliament
Long titleNone
Citation3 Edw. 1. cc 1–51
Territorial extent England, later extended to Wales, Scotland, Ireland and British colonies
Dates
MadeApril or May 1275[lower-alpha 1]
Royal assentApril or May 1275
Status: Partially repealed
Text of the Statute of Westminster, The First (1275) as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Statute of Westminster of 1275 (3 Edw. 1), also known as the Statute of Westminster I, codified the existing law in England, into 51 chapters. Only chapter 5 (which mandates free elections) is still in force in the United Kingdom,[1] whilst part of Chapter 1 remains in force in New Zealand.[2] It was repealed in Ireland in 1983.

William Stubbs gives a summary of the Statute:[3]

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.

Though it is a matter of dispute when peine forte et dure (Law French for "hard and forceful punishment") was first introduced, chapter 3 states that those felons standing mute shall be put in prison forte et dure.[4]

History

The Statute of Westminster of 1275 was one of two English statutes largely drafted by Robert Burnell and passed during the reign of Edward I. Edward I had returned from the Ninth Crusade on 2 August 1274 and was crowned King of England on 19 August.[5] His first Parliament was summoned for the quinzaine of the Purification on 16 February 1275 but was prorogued until the day after Easter on 22 April 1275, but did not meet until the week commencing 29 April or, according to Chronicle records, until the beginning of May, for unknown reasons.[6] It met at Westminster, its main work being the consideration of the Statute of Westminster I, the agreement of new levies in Ireland and allowing the King to levy a new tax on wool.[6] This was drawn up, not in Latin, but in Norman French, and was passed "by the assent of Archbishops, Bishops, Abbots, Priors, Earls, Barons, and [all] the Commonalty of the Realm, being thither summoned."[1]

The statute replaced previously communal regime of contract enforcement with one based on "individual responsibility, territorial law, the central administration of justice, and personal collateral."[7]:144

Chapters

The Statute of Westminster I is composed of 51 chapters:

Chapter Subject Repealing act (if any)
England & Wales Ireland Queensland New Zealand
1 The Peace of the Church and the Realm shall be maintained. Religious Houses shall not be overcharged. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872In force by Imperial Laws Application Act 1988
2 A Clerk convict of Felony, delivered to the Ordinary, shall not depart without Purgation. Criminal Statutes (Repeal) Act 18279 Geo.4 c.53
3 No Penalty for an Escape before it be adjudged. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
4 What shall be adjudged Wreck of the Sea, and what not. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
5 There shall be no Disturbance of the Free Elections. In forceElectoral Act 1963
6 Amerciaments shall be reasonable, and according to the Offence. Criminal Law Act 1967
7 In what manner, and of whom, Purveyance shall be made for a Castle. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
8 Nothing shall be taken for beaupleader. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
9 All Men shall be ready to pursue Felons. Coroners Act 1887[8]Criminal Code Act 1899
10 What sort of Men shall be Coroners. Sheriffs shall have Counter-Rolls with them. Coroners Act 1887
11 Replevin by the Writ of Odio & Atia. Who shall be triers of Murther. Offences against the Person Act 182810 Geo. 4. c. 34
12 The Punishment of Felons refusing lawful Trial. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
13 The Punishment of him that doth ravish a Woman. Offences against the Person Act 182810 Geo. 4. c. 34
14 Appeal against the Principle and Accessary. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
15 Which Prisoners be mainpernable, and which not. The Penalty for unlawful Bailment. Sheriffs Act 18879 Geo.4 c.53
16 None shall distrain out of his Fee, not drive the Distress out of the county. Statute Law Revision Act 1969Statute Law Revision Act 1983Property Law Act 1974
17 The Remedy if the Distress be impounded in a Castle or Fortress. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
18 Who shall assess the common Fines of the county. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
19 A Sheriff having received the King's Debt, shall discharge the Debtor. Statute Law Revision and Civil Procedure Act 1881
20 Offenses committed in Parks and Ponds. Robbing of tame Beasts in a Park. Criminal Statutes (Repeal) Act, 18279 Geo.4 c.53
21 No Waste shall be made in Wards Lands; nor in Bishops, during the Vacation. Civil Procedure Acts Repeal Act 1879
22 The Penalty of an Heir marrying without Consent of his Guardian. A Woman Ward. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
23 None shall be distrained for a Debt that he oweth not. Theft Act 1968[9]Statute Law (Ireland) Revision Act 1872
24 The Remedy if an Officer of the King do disseise any. Civil Procedure Acts Repeal Act 1879Escheat (Procedure and Amendment) Act 1891
25 None shall commit Champerty, to have Part of the Thing in Question. Criminal Law Act 1967Statute Law Revision Act 1983
26 None of the King's Officers shall commit Extortion. Theft Act 1968Criminal Code Act 1899
27 Clerks of Officers shall not commit Extortion. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
28 Clerks shall not commit Maintenance. Criminal Law Act 1967Statute Law Revision Act 1983
29 The Penalty of a Serjeant or Pleader committing Deceit. Statute Law Revision Act 1948
30 Extortion by Justices Officers. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
31 The Penalty for taking excessive Toll in a City, &c. Murage granted to Cities. Theft Act 1968
32 The Penalty of Purveyors not paying for what they take. The King's Carriages. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
33 No Maintainers of Quarrels shall be suffered. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
34 None shall report slanderous News, whereby Discord may arise. Statute Law Revision Act 1887
35 The Penalty for arresting within a Liberty those that hold not thereof. Civil Procedure Acts Repeal Act 1879
36 Aid to make the Son Knight, or to marry the Daughter. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
37 The Penalty of a Man attainted of Disseisin with Robbery in the King's Time. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
38 An Attaint shall be granted in Plea of Land touching Freehold. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
39 Several Limitations of Prescription in several Writs. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
40 Voucher to Warranty, and Counter-pleading of Voucher. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
41 The Champion's Oath in a Writ of Right. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
42 Certain Actions wherein after Appearance the Tenant shall not be Essoined. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
43 The shall be no Fourcher by Essoin. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
44 In what Case Essoin ultra mare shall not be allowed. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
45 In what Cases the great Distress shall be awarded. Where the Justices Estreats shall be delivered. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
46 One Plea shall be decided by the Justices before another commenced. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
47 In what Case the Nonage of the Heir of the Disseisor or Disseisee shall not prejudice. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
48 The Remedy where a Guardian maketh a Feoffment of his Ward's Land. Suit by Prochein Amy. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
49 The Tenants Plea in a Writ of Dower. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872
50 Saving for the Crown In force
51 Assises and Darrain Presentments at what Time taken. Statute Law Revision Act 1863Statute Law (Ireland) Revision Act 1872

Ireland

In the early history of the Lordship of Ireland, English statutes were often applied to Ireland.[10] A 1285 writ authorised Stephen de Fulbourn, then Justiciar of Ireland, to apply there English statutes including Westminster I, Westminster II, Gloucester, and those of merchants.[11] A 1320 act of the Parliament of Ireland (13 Edw. 2 c.2) readopted all these statutes.[12] An act of Edward Poynings' 1495 session of the Parliament of Ireland adopted statutes "formerly made for the common weal" in England; later the Maintenance and Embracery Act 1634 adopted all English statutes dealing with champerty and maintenance and embracery. Many chapters of the 1275 English statute were repealed with respect to Ireland by the Statute Law (Ireland) Revision Act 1872.[13] In the Republic of Ireland, the Short Titles Act 1962 assigned the short title "Distress Act 1275" to chapter 16 of the 1275 English statute, as adopted under the 1495 Irish act;[14] and the short title "Maintenance and Champerty Act 1275" to chapters 25 and 28 of the 1275 English statute, as adopted under the 1634 Irish act.[15] The Statute Law Revision Act 1983 repealed the whole of the 1275 English statute and the 1285 and 1320 Irish statutes.[16]

See also

References

  1. 1 2 "Statute of Westminster, The First (1275)". legislation.gov.uk. The National Archives. Retrieved 29 March 2015.
  2. Specifically, 'so much of that Act as is stated in the words “The King willeth and commandeth ... that common right be done to all, as well poor as rich, without respect of persons.”'. "Imperial Laws Application Act 1988". Act No. 112 of 1988. New Zealand Parliament.
  3. Stubbs, William (1875). The Constitutional History of England in Its Origin and Development. The Clarendon press.
  4. Ripley, George; Dana, Charles A, eds. (1867). New American Cyclopedia. Vol. 13. D. Appleton & Company. p. 84.
  5. Powicke, F. M. (1962). The Thirteenth Century: 1216–1307 (2nd ed.). Oxford: Clarendon Press. p. 226.
  6. 1 2 Given-Wilson, Chris; Brand, Paul; Phillips, Seymour; Omrod, Mark; Martin, Geoffrey; Curry, Anne; Horrox, Rosemary, eds. (2005). "Edward I: Easter 1275". Parliament Rolls of Medieval England. University of London. Retrieved 15 September 2021 via British History Online.
  7. Ang, Yuen Yuen (2016). How China Escaped the Poverty Trap. Cornell University Press. ISBN 978-1-5017-0020-0. JSTOR 10.7591/j.ctt1zgwm1j.
  8. The Sheriffs Act 1887 had repealed it except for the end portion "so far as that portion relates to coroners"; the Coroners Act 1887 repealed "the whole chapter, so far as relates to coroners."
  9. "Theft Act 1968".
  10. Berry 1907, p.xiv
  11. Berry 1907, p.47 fn.1
  12. Berry 1907, p.46 fn.1 and p.281
  13. "Ch.98, Schedule". The Public General Statutes. Vol. 35 & 36 Vict. Eyre and Spottiswoode at the Queen's Printing Office. 1872. pp. 754–755. Retrieved 22 August 2017.
  14. "Short Titles Act, 1962, Schedule 2". Irish Statute Book. Retrieved 22 August 2017.
  15. "Short Titles Act, 1962, Schedule 3". Irish Statute Book. Retrieved 22 August 2017.
  16. "Statute Law Revision Act, 1983, Schedule Part I (1285 and 1320) and Part II (1275)". Irish Statute Book. Retrieved 22 August 2017.
  17. Chisholm, Hugh, ed. (1911). "Westminster, Statutes of" . Encyclopædia Britannica. Vol. 28 (11th ed.). Cambridge University Press. pp. 551–552.

Notes

  1. The Statute states this as the date - "These be the Acts of King Edward... made at Westminster at his first Parliament general after his Coronation, on the Monday of Easter Utas, the Third Year of his Reign"; however chronicle records suggest Parliament may not have sat until the beginning of May.

Sources

Additional reading

  • Tomlins, Thomas Edlyne; Raithby, John (1810). Statute of Westminster 1275 [3 Edw. I. - A.D. 1275 Statute I]. 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. 26–39. OCLC 426777557. {{cite book}}: |website= ignored (help)
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