FREE BOOKS

Author's List




PREV.   NEXT  
|<   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184  
185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207   208   209   >>   >|  
issued the statute of Acton Burnell of 1283, which provided a better way of recovering merchants' debts, and the statute of Rhuddlan of 1284 for the regulation of the king's exchequer. The king's full activity as a lawgiver was renewed after the settlement of his conquest by the statute of Wales of 1284, and the legislation of his early years culminated in the two great acts of 1285, the statute of Westminster the Second, and the statute of Winchester. That year, which also witnessed the passing of the _Circumspecte agatis_, stands out as the most fruitful in lawmaking in the whole of Edward's reign. The second statute of Westminster, passed in the spring parliament, partook of the comprehensive character of the first statute of that name. There were clauses by which, as the Canon of Oseney puts it, "Edward revived the ancient laws which had slumbered through the disturbance of the realm: some corrupted by abuse he restored to their proper form: some less evident and apparent he declared: some new ones, useful and honourable, he added". Among the more conspicuous innovations of the second statute of Westminster was the famous clause De _donis conditionalibus_, which forms a landmark in the law of real property. It facilitated the creation of entailed estates by providing that the rights of an heir of an estate, granted upon conditions, were not to be barred on account of the alienation of such an estate by its previous tenant. Thus arose those estates for life, which in later ages became a special feature of the English land system, and which, by restricting the control of the actual possessor of a property over his land, did much to perpetuate the worst features of medieval land-holding. It is a modern error to regard the legitimation of estates in tail as a triumph of reactionary feudalism over the will of Edward. Apart from the fact that there is not a tittle of contemporary evidence to justify such a view, it is manifest that the interest of the king was in this case exactly the same as that of each individual lord of a manor. The greater prospect of reversion to the donor, and the other features of the system of entails, which commended them to the petty baron, were still more attractive to the king, the greatest proprietor as well as the ultimate landlord of all the realm. Other articles of the Westminster statute were only less important than the clause _De donis_, notable among them being the institution of ju
PREV.   NEXT  
|<   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184  
185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207   208   209   >>   >|  



Top keywords:

statute

 

Westminster

 

estates

 

Edward

 

features

 

estate

 
system
 

property

 
clause
 
special

feature

 
greatest
 
English
 

ultimate

 
actual
 

possessor

 
control
 

landlord

 
proprietor
 

restricting


barred

 
notable
 

institution

 

granted

 

conditions

 

account

 

articles

 

previous

 

tenant

 

important


alienation

 

manifest

 

interest

 
justify
 
evidence
 

tittle

 

contemporary

 

greater

 

prospect

 

reversion


individual

 

entails

 
holding
 

modern

 
medieval
 
perpetuate
 

attractive

 
regard
 
commended
 

feudalism