The Statute of Merton or Provisions of Merton (Latin: Provisiones de Merton, or Stat. Merton) (20 Hen. 3), sometimes also known as the Ancient Statute of Merton, was a statute passed by the Parliament of England in 1235 during the reign of Henry III. It is considered to be the first English statute, and is printed as the first statute in The Statutes of the Realm. Containing 11 chapters, the terms of the statute were agreed at Merton between HenryMerton's New Religious House Consecrated and the barons of England in 1235. It was another instance, along with 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.Journals of the House of Commons (1803 reprint) Volume 27, page 574, originally published 1756 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.
Having long been disused, it was revived under Duke of Northumberland John Dudley in January 1550 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 illegitimacy1788 – Before European Settlement – 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").
Chapters The act was extended to Ireland by Poynings' Law 1495 (10 Hen. 7. c. 22 (I)). ChapterShort titleSubjectRepealing act (if any)England & WalesNorthern IrelandIreland1Damages on Writ Dower Act 1235Damages on writ of dowerStatute Law Revision Act 1863 (26 & 27 Vict. c. 125)Statute Law Revision Act 1950 (14 Geo. 6. c. 6)Succession Act 19652Widow's Bequest of Corn on Her Land Act 1235Widow's bequest of corn on her landStatute Law Revision Act 1948 (11 & 12 Geo. 6. c. 62)Succession Act 19653NoneRedisseisinStatute Law Revision Act 1863 (26 & 27 Vict. c. 125)Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98)4Commons Act 1236CommonsStatute Law Revision Act 1953 (2 & 3 Eliz. 2. c. 5)Statute Law Revision Act 19835NoneUsuryStatute Law Revision Act 1863 (26 & 27 Vict. c. 125)Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98)6NoneWardshipStatute Law Revision Act 1863 (26 & 27 Vict. c. 125)Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98)7NoneWardshipStatute Law Revision Act 1863 (26 & 27 Vict. c. 125)Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98)8NoneLimitation of writsStatute Law Revision Act 1863 (26 & 27 Vict. c. 125)Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98)9NoneSpecial bastardyStatute Law Revision Act 1948 (11 & 12 Geo. 6. c. 62)Succession Act 196510NoneAttorneys in county courtsCivil Procedure Acts Repeal Act 1879 (42 & 43 Vict. c. 59)11NoneTrespassers in parksStatute Law Revision Act 1863 (26 & 27 Vict. c. 125)Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98) The whole act was repealed for the Republic of Ireland by section 1 of, and part 2 of the schedule to, the Statute Law Revision Act 1983, which came into force on 16 May 1983.
Dating and nomenclature The statute was passed in 1235 and is named after Merton, where it was passed. It is considered the first English statute. Magna Carta was initially enacted in 1215 and is counted as a statute by some sources as early as 1225; however, The Statutes of the Realm does not consider it as a statute prior to a 1297 confirmation. The Charter of the Forest had been passed in 1217 but is not considered a statute.
See also List of English statutes Henry de Bracton
Notes
References
External links List of repeals in the Republic of Ireland from the Irish Statute Book.