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Statute of Westminster 1285

The Statute of Westminster of 1285, also known as the Statute of Westminster II or the Statute of Westminster the Second,[1] like the Statute of Westminster 1275, is a code in itself, and contains the famous clause De donis conditionalibus,[2] one of the fundamental institutes of the medieval land law of England.[2]

William Stubbs says of it:[3]

The law of dower, of advowson, of appeal for felonies, is largely amended; the institution of justices of assize is remodelled, and the abuses of manorial jurisdiction repressed; the statute De religiosis, the statutes of Merton and Gloucester, are amended and re-enacted. Every clause has a bearing on the growth of the later law. The whole, like the first statute of Westminster, is a code in itself…[2]

Most of the statute was repealed in the Republic of Ireland in 1983 and the rest in 2009.[4]

Chapters

The Statute of Westminster II is composed of 50 chapters. The de donis conditionalibus clause is chapter 1, and is still in force. Chapter 46 became known as the Commons Act 1285 and was repealed in England in 2006, and in Wales in 2007.[5]

See also

References

Wikisource has original text related to this article:
Statute of Westminster 1285
  1. ^ Per the official revised text
  2. ^ a b c Chisholm, Hugh, ed. (1911). "Westminster, Statutes of" . Encyclopædia Britannica. Vol. 28 (11th ed.). Cambridge University Press. pp. 551–552.
  3. ^ Stubbs, William. The Constitutional History of England in Its Origin and Development.
  4. ^ The whole statute, except chapters 1 and 15, was repealed by section 1 of, and Part 2 of the Schedule to, the Statute Law Revision Act 1983. Chapter 1 was repealed by section 1 of, and Part 2 of Schedule 2 to, the Land and Conveyancing Law Reform Act 2009.
  5. ^ Commons Act 1285 at legislation.gov.uk

External links