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{{short description|English statute}}
{{short description|English statute}}
{{Infobox legislation
{{Infobox UK legislation
| name = Statute of Merton
| short_title = Statute of Merton
| enacted_by = [[Parliament of England]]
| parliament=Parliament of England
| citation = 20 Hen 3
| image = Kilty's English Statutes 1811 Volume 143 Page 262.jpg
| caption = Kilty's English Statutes, 1811; Volume 143, Page 262. Extracts from the Statute of Merton.
| long_title = Ancient Statute of Merton
| long_title = '''Ancient Statute of Merton'''
| introduced_by = [[List of Baronies in the Peerage of England|Barons]] of the [[Peerage of England]]
| introduced_by = [[List of Baronies in the Peerage of England|Barons]] of the [[Peerage of England]]
| datepassed = 1235
| year = 1235
| date_signed = 1235 by [[Henry III of England]]
| royal_assent = 1235 by [[Henry III of England]]
| amended_by =
| status = Repealed
| related_legislation = ''[[Magna Carta]]''
| related_legislation = ''[[Magna Carta]]''
}}
}}
[[File:Kilty's English Statutes 1811 Volume 143 Page 262.jpg|thumb|alt=A page from a book, with the title "A list of the English statutes" and two columns of text below, one for English and the other for Latin. The Statute of Merton is the first statute listed.|Kilty's English Statutes, 1811; Volume 143, Page 262. Extracts from the Statute of Merton.]]
⚫
The '''Statute of Merton''' or '''Provisions of Merton''' ([[Latin language|Latin]]: ''Provisiones de Merton'', or ''Stat. Merton''), sometimes also known as the '''Ancient Statute of Merton''', is a statute passed by the [[Parliament of England]] in 1235 during the reign of [[Henry III of England|Henry III]]. It is considered to be the first English statute,<ref>{{Cite EB1911|wstitle=Statute|volume=25}}</ref> and is printed as the first statute in ''[[The Statutes of the Realm]]''.


⚫
The terms of the statute were agreed at [[Merton (historic parish)|Merton]] between Henry<ref>[http://chi.gospelcom.net/DAILYF/2002/05/daily-05-03-2002.shtml May 3: Merton Priory; Christian History Institute.<!-- Bot generated title -->] {{webarchive |url=https://archive.is/20050408172943/http://chi.gospelcom.net/DAILYF/2002/05/daily-05-03-2002.shtml |date=April 8, 2005 }}</ref> and the barons of England in 1235. It was another instance, along with ''[[Magna Carta]]'' twenty years previously, of the struggle between the barons and the king to limit the latter's rights.
⚫
The '''Statute of Merton''' or '''Provisions of Merton''' ([[Latin language|Latin]]: ''Provisiones de Merton'', or ''Stat. Merton''), sometimes also known as the '''Ancient Statute of Merton''', is considered to be the first [[Kingdom of England|English]] [[statute]],<ref>{{Cite EB1911|wstitle=Statute|volume=25}}</ref> and is printed as the first statute in ''[[The Statutes of the Realm]]''.

⚫
The terms of the statute were agreed at [[Merton (historic parish)|Merton]] between [[Henry III of England|Henry III]]<ref>[http://chi.gospelcom.net/DAILYF/2002/05/daily-05-03-2002.shtml May 3: Merton Priory; Christian History Institute.<!-- Bot generated title -->] {{webarchive |url=https://archive.is/20050408172943/http://chi.gospelcom.net/DAILYF/2002/05/daily-05-03-2002.shtml |date=April 8, 2005 }}</ref> and the barons of England in the 20th year of Henry's reign (1235). It was another instance, along with ''[[Magna Carta]]'' twenty years previously, of the struggle between the barons and the king to limit the latter's rights.


Amongst its provisions, the statute allowed a [[Lord of the Manor]] to [[enclosure|enclose common land]] (provided that sufficient pasture remained for his tenants), and set out when and how manorial lords could assert rights over waste land, woods, and pastures against their tenants.<ref>[http://www.bopcris.ac.uk/bop1700/ref13697.html BOPCRIS Ford Collection.] {{Webarchive|url=https://web.archive.org/web/20070927004756/http://www.bopcris.ac.uk/bop1700/ref13697.html |date=2007-09-27 }}</ref> It quickly became a basis for [[English law|English]] [[common law]], developing and clarifying legal concepts of ownership,<ref>{{cite web|url=http://www.bilderberg.org/land/levitcus.htm|title=Promised land: Returning land to its rightful owner|date=2003-12-01|first=Tony|last=Gosling|accessdate=2013-10-29}}</ref> and was one of the English statutes carried over into the law of the [[Lordship of Ireland]].
Amongst its provisions, the statute allowed a [[Lord of the Manor]] to [[enclosure|enclose common land]] (provided that sufficient pasture remained for his tenants), and set out when and how manorial lords could assert rights over waste land, woods, and pastures against their tenants.<ref>[http://www.bopcris.ac.uk/bop1700/ref13697.html BOPCRIS Ford Collection.] {{Webarchive|url=https://web.archive.org/web/20070927004756/http://www.bopcris.ac.uk/bop1700/ref13697.html |date=2007-09-27 }}</ref> It quickly became a basis for [[English law|English]] [[common law]], developing and clarifying legal concepts of ownership,<ref>{{cite web|url=http://www.bilderberg.org/land/levitcus.htm|title=Promised land: Returning land to its rightful owner|date=2003-12-01|first=Tony|last=Gosling|accessdate=2013-10-29}}</ref> and was one of the English statutes carried over into the law of the [[Lordship of Ireland]].

Revision as of 03:19, 10 January 2020

Statute of Merton
Parliament of England
Long titleAncient Statute of Merton
Citation20 Hen 3
Introduced byBarons of the Peerage of England
Dates
Royal assent1235 by Henry III of England
Other legislation
Relates toMagna Carta
Status: Repealed
A page from a book, with the title "A list of the English statutes" and two columns of text below, one for English and the other for Latin. The Statute of Merton is the first statute listed.
Kilty's English Statutes, 1811; Volume 143, Page 262. Extracts from the Statute of Merton.

The Statute of Merton or Provisions of Merton (Latin: Provisiones de Merton, or Stat. Merton), sometimes also known as the Ancient Statute of Merton, is a statute passed by the Parliament of England in 1235 during the reign of Henry III. It is considered to be the first English statute,[1] and is printed as the first statute in The Statutes of the Realm.

The terms of the statute were agreed at Merton between Henry[2] and the barons of England in 1235. It was another instance, along with Magna Carta twenty years previously, of the struggle between the barons and the king to limit the latter's rights.

Amongst its provisions, the statute allowed a Lord of the Manor to enclose common land (provided that sufficient pasture remained for his tenants), and set out when and how manorial lords could assert rights over waste land, woods, and pastures against their tenants.[3] It quickly became a basis for English common law, developing and clarifying legal concepts of ownership,[4] and was one of the English statutes carried over into the law of the Lordship of Ireland.

In January 1550, in Edward VI's reign, long after the Statute had fallen out of use, it was revived under John Dudley, the Duke of Northumberland, to enable lords to enclose their land at their own discretion — out of keeping with the traditional Tudor anti-enclosure attitude.

The Statute also dealt with illegitimacy[5] — stating that "He is a bastard that is born before the marriage of his parents". It also dealt with women's rights — dowries ("A woman shall recover damages in a writ of dower"), and widows' right to bequeath land ("Widows may bequeath the crop of their lands").[6]

Chapter 4 of this statute was the Commons Act 1236.

Chapters 1 and 2 and 9 were repealed for the Republic of Ireland by section 8 of, and Part I of Schedule 2 to, the Succession Act, 1965, subject to the savings in section 9 of that Act. The whole statute was repealed for that Republic by section 1 of, and Part 2 of the Schedule to, the Statute Law Revision Act 1983.

Extracts

  • A woman shall recover damages in a writ of dower.[6]
  • Widows may bequeath the crop of their lands.[6]
  • He is a bastard that is born before the marriage of his parents.[6]

See also

References

  1. ^ Chisholm, Hugh, ed. (1911). "Statute" . Encyclopædia Britannica. Vol. 25 (11th ed.). Cambridge University Press.
  2. ^ May 3: Merton Priory; Christian History Institute. Archived April 8, 2005, at archive.today
  3. ^ BOPCRIS Ford Collection. Archived 2007-09-27 at the Wayback Machine
  4. ^ Gosling, Tony (2003-12-01). "Promised land: Returning land to its rightful owner". Retrieved 2013-10-29.
  5. ^ Resources - 1788 - Before European Settlement. Archived February 5, 2012, at the Wayback Machine
  6. ^ a b c d http://djs.state.md.us/megafile/msa/speccol/sc2900/sc2908/000001/000143/html/am143--262.html[dead link]

External links

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