In subsequent legislation Edward took care to conciliate the baronage
by strengthening not only his rights over them, but their rights over
their vassals. The most important of these was "_escheat_," the right
of resuming possession of land when its holder died without an heir.
This right was always liable to be defeated by the tenant selling his
land; and its value was yet more diminished if he could dispose of part
of the land, in such a way that the buyer became his own sub-tenant.
A clause in Magna Charta had restricted this process, but the barons
wished to limit even more their tenants' power of parting with land. On
the other hand, as society became more industrial, and less warlike,
it became more desirable that land should pass freely from man to
man These conflicting interests resulted in two enactments, which
are landmarks in English History. The first, the _Second Statute of
Westminster_, contains the famous clauses '_De Donis Conditionalibus_.'
It forbade the alienation of land granted to a person and his actual
lineal descendants, or to use a modern phrase, it made possible the
creation of perpetual entails. The barons soon saw that it enabled
them to settle their lands on their own families, and it was regularly
employed for this purpose for about 200 years, till at last a legal
fiction was invented which greatly cut down the power of tying up land.
[Sidenote: =The statute "Quia Emptores."=]
On the other hand, the statute _Quia Emptores_ (1290), far from
restricting the power of alienation, expressly allowed it in all cases
not coming within the statute _De Donis_: but at the same time it
enacted that the purchaser, whether of the whole or part of an estate,
should become the tenant, not of the seller, but of the seller's lord;
in other words, it put an end to subinfeudation. This led, in the end,
to the enormous multiplication of the lesser vassals of the crown, and
tended to the ultimate extinction of all subtenancies, so that the
king was the gainer in the long run, since whenever a great estate was
broken up, he became the immediate lord of all those among whom it was
dispersed.
[Sidenote: =The Statute of Winchester.=]
Besides the great statutes we have already named, several other items
of King Edward's legislation demand a word of notice. _The Statute of
Winchester_ (1285) reorganized the national militia, the descendant
of the old fyrd, ordaining what arms each man, according to his rank
and wealth, should furnish for himself. It also provided for the
establishment of a _watch_ or local police for the suppression of
robbers and outlaws.
[Sidenote: =Expulsion of the Jews.=]
Public-domain text, read in full here on John Shaqi.
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