| Short Title: | Statute of Westminster 1275 |
| Type: | Act |
| Parliament: | England |
| Long Title: | None |
| Year: | 1275 |
| Citation: | 3 Edw. 1. cc 1–51 |
| Territorial Extent: | England, later extended to Wales, Scotland, Ireland and British colonies |
| Royal Assent: | April or May 1275 |
| Si Made Date: | April or May 1275 |
| Status: | partially_repealed |
| Use New Uk-Leg: | yes |
| Uk-Leg Title: | Statute of Westminster, The First (1275) |
The Statute of Westminster of 1275 (3 Edw. 1), also known as the Statute of Westminster I, codified the existing law in England, into 51 chapters. Chapter 5 (which mandates free elections) is still in force in the United Kingdom[1] and the Australian state of Victoria[2] whilst part of Chapter 1 remains in force in New Zealand.[3] It was repealed in Ireland in 1983.
William Stubbs gives a summary of the Statute:[4]
Though it is a matter of dispute when [[peine forte et dure]] (Law French for "hard and forceful punishment") was first introduced, chapter 3 states that those felons standing mute shall be put in prison forte et dure.[5]
The Statute of Westminster of 1275 was one of two English statutes largely drafted by Robert Burnell and passed during the reign of Edward I. Edward I had returned from the Ninth Crusade on 2 August 1274 and was crowned King of England on 19 August.[6] His first Parliament was summoned for the quinzaine of the Purification on 16 February 1275 but was prorogued until the day after Easter on 22 April 1275, but did not meet until the week commencing 29 April or, according to Chronicle records, until the beginning of May, for unknown reasons.[7] It met at Westminster, its main work being the consideration of the Statute of Westminster I, the agreement of new levies in Ireland and allowing the King to levy a new tax on wool.[7] This was drawn up, not in Latin, but in Norman French, and was passed "by the assent of Archbishops, Bishops, Abbots, Priors, Earls, Barons, and [all] the Commonalty of the Realm, being thither summoned."[1]
According to Yuen Yuen Ang, the statute had replaced a previously communal regime of enforcing agreements with one based on "individual responsibility, territorial law, the central administration of justice, and personal collateral."[8]
The Statute of Westminster I is composed of 51 chapters:
| Chapter | Subject | Repealing act (if any) | ||||
|---|---|---|---|---|---|---|
| England & Wales | Ireland | Queensland | New Zealand | |||
| 1 | The Peace of the Church and the Realm shall be maintained. Religious Houses shall not be overcharged. | In force by Imperial Laws Application Act 1988 | ||||
| 2 | A Clerk convict of Felony, delivered to the Ordinary, shall not depart without Purgation. | 9 Geo. 4. c. 53 | ||||
| 3 | No Penalty for an Escape before it be adjudged. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 4 | What shall be adjudged Wreck of the Sea, and what not. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 5 | There shall be no Disturbance of the Free Elections. | In force | ||||
| 6 | Amerciaments shall be reasonable, and according to the Offence. | |||||
| 7 | In what manner, and of whom, Purveyance shall be made for a Castle. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 8 | Nothing shall be taken for beaupleader. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 9 | All Men shall be ready to pursue Felons. | Coroners Act 1887[9] | ||||
| 10 | What sort of Men shall be Coroners. Sheriffs shall have Counter-Rolls with them. | Coroners Act 1887 | ||||
| 11 | Replevin by the Writ of Odio & Atia. Who shall be triers of Murther. | 10 Geo. 4. c. 34 | ||||
| 12 | The Punishment of Felons refusing lawful Trial. | |||||
| 13 | The Punishment of him that doth ravish a Woman. | 10 Geo. 4. c. 34 | ||||
| 14 | Appeal against the Principle and Accessary. | |||||
| 15 | Which Prisoners be mainpernable, and which not. The Penalty for unlawful Bailment. | 9 Geo. 4. c. 53 | ||||
| 16 | None shall distrain out of his Fee, not drive the Distress out of the county. | |||||
| 17 | The Remedy if the Distress be impounded in a Castle or Fortress. | |||||
| 18 | Who shall assess the common Fines of the county. | |||||
| 19 | A Sheriff having received the King's Debt, shall discharge the Debtor. | |||||
| 20 | Offenses committed in Parks and Ponds. Robbing of tame Beasts in a Park. | 9 Geo. 4. c. 53 | ||||
| 21 | No Waste shall be made in Wards Lands; nor in Bishops, during the Vacation. | |||||
| 22 | The Penalty of an Heir marrying without Consent of his Guardian. A Woman Ward. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 23 | None shall be distrained for a Debt that he oweth not. | Theft Act 1968[10] | Statute Law (Ireland) Revision Act 1872 | |||
| 24 | The Remedy if an Officer of the King do disseise any. | Civil Procedure Acts Repeal Act 1879 | ||||
| 25 | None shall commit Champerty, to have Part of the Thing in Question. | Statute Law Revision Act 1983 | ||||
| 26 | None of the King's Officers shall commit Extortion. | |||||
| 27 | Clerks of Officers shall not commit Extortion. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 28 | Clerks shall not commit Maintenance. | Criminal Law Act 1967 | Statute Law Revision Act 1983 | |||
| 29 | The Penalty of a Serjeant or Pleader committing Deceit. | |||||
| 30 | Extortion by Justices Officers. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 31 | The Penalty for taking excessive Toll in a City, &c. Murage granted to Cities. | |||||
| 32 | The Penalty of Purveyors not paying for what they take. The King's Carriages. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 33 | No Maintainers of Quarrels shall be suffered. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 34 | None shall report slanderous News, whereby Discord may arise. | |||||
| 35 | The Penalty for arresting within a Liberty those that hold not thereof. | Civil Procedure Acts Repeal Act 1879 | ||||
| 36 | Aid to make the Son Knight, or to marry the Daughter. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 37 | The Penalty of a Man attainted of Disseisin with Robbery in the King's Time. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 38 | An Attaint shall be granted in Plea of Land touching Freehold. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 39 | Several Limitations of Prescription in several Writs. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 40 | Voucher to Warranty, and Counter-pleading of Voucher. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 41 | The Champion's Oath in a Writ of Right. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 42 | Certain Actions wherein after Appearance the Tenant shall not be Essoined. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 43 | The shall be no Fourcher by Essoin. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 44 | In what Case Essoin ultra mare shall not be allowed. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 45 | In what Cases the great Distress shall be awarded. Where the Justices Estreats shall be delivered. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 46 | One Plea shall be decided by the Justices before another commenced. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 47 | In what Case the Nonage of the Heir of the Disseisor or Disseisee shall not prejudice. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 48 | The Remedy where a Guardian maketh a Feoffment of his Ward's Land. Suit by Prochein Amy. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 49 | The Tenants Plea in a Writ of Dower. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
| 50 | Saving for the Crown | In force | ||||
| 51 | Assises and Darrain Presentments at what Time taken. | Statute Law Revision Act 1863 | Statute Law (Ireland) Revision Act 1872 | |||
In the early history of the Lordship of Ireland, English statutes were often applied to Ireland.[11] A 1285 writ authorised Stephen de Fulbourn, then Justiciar of Ireland, to apply there English statutes including Westminster I, Westminster II, Gloucester, and those of merchants.[12] A 1320 act of the Parliament of Ireland (13 Edw. 2 c.2) readopted all these statutes.[13] An act of Edward Poynings' 1495 session of the Parliament of Ireland adopted statutes "formerly made for the common weal" in England; later the Maintenance and Embracery Act 1634 adopted all English statutes dealing with champerty and maintenance and embracery. Many chapters of the 1275 English statute were repealed with respect to Ireland by the Statute Law (Ireland) Revision Act 1872.[14] In the Republic of Ireland, the Short Titles Act 1962 assigned the short title "Distress Act 1275" to chapter 16 of the 1275 English statute, as adopted under the 1495 Irish act;[15] and the short title "Maintenance and Champerty Act 1275" to chapters 25 and 28 of the 1275 English statute, as adopted under the 1634 Irish act.[16] The Statute Law Revision Act 1983 repealed the whole of the 1275 English statute and the 1285 and 1320 Irish statutes.[17]