Statute of Merton

The Statute of Merton, or Ancient Statute of Merton, agreed in 1235, begins the list of English Statutes, being the first item in the Statutes of the Realm. It was agreed at Merton between Henry III in the 20th year of his reign, and the barons of England. Signed 20 years after Magna Carta, the Statute of Merton was in essence another limitation of the rights of the King. Formally, it allowed Lords of the Manor to enclose common land providing sufficient pasture remained for his tenants - setting out in what cases, and in what manner, Lords may approve part of the wastes, woods, and pastures, belonging to their Manors, against the tenants. It was observed in Ireland in 1236. It quickly became a basis for English common law, developing and clarifying legal concepts of ownership .

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. It was, in fact, was only finally repealed in 1948.

The Statute also dealt with illegitimacy - 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) .

Extracts

Kilty's English Statutes, 1811; Volume 143, Page 262. Extracts from the Statute of Merton.

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

See Also

• Statute