Statute of Merton
Encyclopedia
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 considered to be the first English
statute
, and is printed as the first statute in The Statutes of the Realm
.
The statute's terms were agreed at Merton
between Henry III
and the barons of England in the 20th year of Henry's reign (1235). It was another instance, along with the 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. It quickly became a basis for English
common law
, developing and clarifying legal concepts of ownership, 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 — 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).
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
, and is printed as the first statute in The Statutes of the Realm
The Statutes of the Realm
The Statutes of the Realm is an authoritative collection of Acts of the Parliament of England from the earliest times to the Union of the Parliaments in 1707, and Acts of the Parliament of Great Britain passed up to the death of Queen Anne in 1714...
.
The statute's terms were agreed at Merton
Merton (historic parish)
Merton was an ancient parish in the Brixton hundred of Surrey, England. It was bounded by Wimbledon to the north, Mitcham to the east, Morden to the south and Kingston upon Thames to the west. The 1871 Ordnance Survey map records its area as . The parish was centred around the 12th century parish...
between Henry III
Henry III of England
Henry III was the son and successor of John as King of England, reigning for 56 years from 1216 until his death. His contemporaries knew him as Henry of Winchester. He was the first child king in England since the reign of Æthelred the Unready...
and the barons of England in the 20th year of Henry's reign (1235). It was another instance, along with the Magna Carta
Magna Carta
Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...
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
Lord of the Manor
The Lordship of a Manor is recognised today in England and Wales as a form of property and one of three elements of a manor that may exist separately or be combined and may be held in moieties...
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. It quickly became a basis for English
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
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...
, developing and clarifying legal concepts of ownership, and was one of the English statutes carried over into the law of the Lordship of Ireland
Lordship of Ireland
The Lordship of Ireland refers to that part of Ireland that was under the rule of the king of England, styled Lord of Ireland, between 1177 and 1541. It was created in the wake of the Norman invasion of Ireland in 1169–71 and was succeeded by the Kingdom 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
Duke of Northumberland
The Duke of Northumberland is a title in the peerage of Great Britain that has been created several times. Since the third creation in 1766, the title has belonged to the House of Percy , which held the title of Earl of Northumberland from 1377....
, 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 — 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
- 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.