View source for Statute of Gloucester 1278

{{Use dmy dates|date=April 2022}}
{{Infobox UK legislation
| short_title           = {{lang|la|Statuta Gloucestr'}}
| type                  = Act
| parliament            = Parliament of England
| long_title            =
| year                  = 1278
| citation              = [[6 Edw. 1]]
| royal_assent          =
| commencement          = 8 July 1278
| expiry_date           =
| repeal_date           =
| amendments            = {{ubli|[[Statute Law Revision Act 1863]]|[[Civil Procedure Acts Repeal Act 1879]]|[[Statute Law (Ireland) Revision Act 1872]]|[[Statute Law Revision and Civil Procedure Act 1883]]}}
| repealing_legislation =
| status                =
| original_text         = https://archive.org/details/statutesatlarge30britgoog/page/117
}}
The '''Statute of Gloucester''' ({{langx|la|Statuta Gloucestr'}}) ([[6 Edw. 1]])<ref>{{cite book |last1=Phillips |first1=O. H. |last2=Hudson |first2=A. H. |title=[[A First Book of English Law]] |edition=7th |publisher=Sweet & Maxwell |date=1977 |page=xi}}</ref> is a piece of legislation enacted in the [[Parliament of England]] during the reign of [[Edward I]]. The statute, proclaimed at [[Gloucester]] in August 1278, was crucial to the development of [[English law]]. The Statute of Gloucester and the ensuing legal hearings were a means by which Edward I tried to recover regal authority that had been alienated during the reign of his father, King [[Henry III of England|Henry III]] (1207–1272), who had been made a virtual tool of the [[baron]]ial party, led by [[Simon de Montfort, 6th Earl of Leicester|Simon de Montfort]]. Edward I recognized the need for the legal "reform" and considered Parliament as a means of buying popular support by encouraging loyal subjects to petition the King against his own barons and ministers.
{| class="wikitable"
|+ Chapters
|-
| c. 1 || Several Actions wherein Damages shall be recovered.
|-
| c. 2 || In what Case Nonage of the Plaintiff shall not stay an Enquest.
|-
| c. 3 || An Alienation of Land by the Tenant by the Curtesy with Warranty shall be void.
|-
| c. 4 || In what Casse Ceffavit is maintainable against a Tenant in Fee-farm.
|-
| c. 5 || Several Tenants against whom an Action of Waste is maintainable.
|-
| c. 6 || Where dives Heirs shall have one [[assize of mort d'ancestor|Assise of Mortdauncestor]].
|-
| c. 7 || A Writ of Entry is casu proviso, upon a Woman's Alienation of Dower.
|-
| c. 8 || No Suit for Goods in the King's Courts under Forty Shillings. Attorneys may be made where an Appeal lieth not. The Defendant being essoined shall bring in his Warrant.
|-
| c. 9 || One Person killing another in his own Defence, or by Misfortune. An Appeal of Murther.
|-
| c.{{nbsp}}10 || The Husband and Wife being impleaded, shall not vouch [fourch] by Essoin.
|-
| c.{{nbsp}}11 || A feigned Recovery against him in the Reversion, to make the Termor loss his Term.
|-
| c.{{nbsp}}12 || One impleaded in London voucheth Foreign Warranty.
|-
| c.{{nbsp}}13 || No Waste shall be made hanging a Suit for the Land.
|-
| c.{{nbsp}}14 || A Citizen of London shall recover in an Assise Damages with the Land.
|}
The statute is the origin of the [[common law]] doctrine of [[waste (law)|waste]], which allows successors with future interests in a piece of property to prevent current tenants, who do not hold the land in [[fee simple]], from making substantial changes to the property that would decrease its value.{{sfnp|Merrill|Smith|2017|p=555}}
The statute of 1278 provided for several important legal amendments, including a modification of [[assize of novel disseisin|novel disseisin]], one of the most popular forms of action for the recovery of land which had been seized illegally. It challenged baronial rights through a revival of the system of general [[eyre (legal term)|eyres]] ([[royal justice]]s to go on tour throughout the land) and through a significant increase in the number of pleas of ''[[quo warranto]]'' (literally, "By what warrant?") to be heard by such eyres. In such proceedings, individual barons and franchise holders were expected either to show the King's judges proper legal title by which they possessed their rights to [[private jurisdiction]]s or to lose such rights.
It is the first statute recorded in a [[Statute Roll]].<ref>[[Percy Henry Winfield|Winfield, Percy H]]. [[The Chief Sources of English Legal History]]. [{{GBurl|6bcxDtDHhw4C|page=84}} Page 84].</ref>
==Chapter 1==
6 Edw. 1. c. 1 is sometimes referred to as the '''Franchise Act 1278'''.<ref>{{cite book |title=Clerk and Lindsell on Torts |edition=16th |date=1989 |publisher=Sweet & Maxwell |page=cclxix}}</ref>
6 Edw. 1. c. 1 was repealed, except from "And whereas before Time" to "recover Damages", by section 2 of, and Part I of the Schedule to, the [[Civil Procedure Acts Repeal Act 1879]] ([[42 & 43 Vict.]] c. 59).
==See also==
* ''[[Casu proviso]]''
==References==
===Footnotes===
{{Reflist}}
===Works cited===
*{{cite book |first1=Thomas W. |last1=Merrill |first2=Henry E. |last2=Smith |title=Property: Principles and Policies |series=University Casebook Series |edition=3rd |location=St. Paul |publisher=Foundation Press |year=2017 |isbn=978-1-62810-102-7 }}
==External links==
*[http://www.textmanuscripts.com/manuscript_description.php?id=2915&+cat=all& The Statute of Gloucester]
{{UK legislation}}
[[Category:Medieval English law]]
[[Category:Acts of the Parliament of England]]
[[Category:1278]]
[[Category:1278 in England]]
[[Category:1270s in law]]
[[Category:Legal history of England]]
[[Category:Edward I of England]]
[[Category:Collection of the National Archives (United Kingdom)]]