Statute of Enrolments
Encyclopedia
The Statute of Enrolments was a 1536 Act
of the Parliament of England
that regulated the sale and transfer of land. The Statute is commonly considered an addition to the Statute of Uses
, which was passed within the same Parliament, probably due to an omission in the Statute of Uses. It is thought to have been intended to prevent secret conveyancing, although modern academics instead assert that it was so Henry VIII
could keep an accurate record of who his freeholders were. The Statute, which only provided for estates "of inheritance and freehold", was easily evaded through the sale of an estate for a limited time period, as leasehold, something given validity at the common law
level in 1621 by Lutwich v Mitton.
, and was passed in the same session of Parliament; Edward Coke
, for example, referred to it as "but a Proviso" to the Statute of Uses. The Statute was drafted quickly, by the Clerk of the House of Commons
rather than a legislator, and is interesting in that unlike most government bills it completely lacks a preamble
. It is thought by Charles Isaac Elton
that it was drafted "as some sort of emergency legislation", which Kaye backs up, saying that it was most likely due to some omission in the Statute of Uses. The Statute provided that after 31 July 1536, no land was to be transferred based on a sale unless that sale had been certified by either the courts in Westminster or the local Justices of the Peace, unless it was in those cities or boroughs where this was already required.
The Statute was evaded through simply selling the land for a period of years, rather than freehold, something given validity at the common law
by Lutwich v Mitton in 1621. This was valid because the statute only applied to estates "of inheritance and freehold", not of leasehold. The common impression is that the Statute was intended to prevent secret conveyancing; Oxland instead interprets it as being a way for Henry VIII
to keep an accurate record of who his freeholders were at any one time.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
that regulated the sale and transfer of land. The Statute is commonly considered an addition to the Statute of Uses
Statute of Uses
The Statute of Uses was an Act of the Parliament of England that restricted the application of uses in English property law. The Statute was originally conceived by Henry VIII of England as a way to rectify his financial problems by simplifying the law of uses, which moved land outside the royal...
, which was passed within the same Parliament, probably due to an omission in the Statute of Uses. It is thought to have been intended to prevent secret conveyancing, although modern academics instead assert that it was so Henry VIII
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
could keep an accurate record of who his freeholders were. The Statute, which only provided for estates "of inheritance and freehold", was easily evaded through the sale of an estate for a limited time period, as leasehold, something given validity at the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
level in 1621 by Lutwich v Mitton.
Statute
The Statute was intended as an addition to the Statute of UsesStatute of Uses
The Statute of Uses was an Act of the Parliament of England that restricted the application of uses in English property law. The Statute was originally conceived by Henry VIII of England as a way to rectify his financial problems by simplifying the law of uses, which moved land outside the royal...
, and was passed in the same session of Parliament; Edward Coke
Edward Coke
Sir Edward Coke SL PC was an English barrister, judge and politician considered to be the greatest jurist of the Elizabethan and Jacobean eras. Born into a middle class family, Coke was educated at Trinity College, Cambridge before leaving to study at the Inner Temple, where he was called to the...
, for example, referred to it as "but a Proviso" to the Statute of Uses. The Statute was drafted quickly, by the Clerk of the House of Commons
Clerk of the House of Commons
The Clerk of the House of Commons is the chief executive of the House of Commons in the Parliament of the United Kingdom, and before 1707 of the House of Commons of England...
rather than a legislator, and is interesting in that unlike most government bills it completely lacks a preamble
Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
. It is thought by Charles Isaac Elton
Charles Isaac Elton
Charles Isaac Elton, QC was an English lawyer, antiquary, and politician.He was born in Southampton. Educated at Cheltenham and Balliol College, Oxford, he was elected a fellow of Queen's College in 1862. He was called to the bar at Lincoln's Inn in 1865...
that it was drafted "as some sort of emergency legislation", which Kaye backs up, saying that it was most likely due to some omission in the Statute of Uses. The Statute provided that after 31 July 1536, no land was to be transferred based on a sale unless that sale had been certified by either the courts in Westminster or the local Justices of the Peace, unless it was in those cities or boroughs where this was already required.
The Statute was evaded through simply selling the land for a period of years, rather than freehold, something given validity at the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
by Lutwich v Mitton in 1621. This was valid because the statute only applied to estates "of inheritance and freehold", not of leasehold. The common impression is that the Statute was intended to prevent secret conveyancing; Oxland instead interprets it as being a way for Henry VIII
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
to keep an accurate record of who his freeholders were at any one time.