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1.
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Generalities about the 13th century.
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2.
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Chronology (Mats.,
p. V-15.
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3.
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Developments in governance, chief justiciar and chancellor
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4.
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Foreign politics and nationalism
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5.
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The Barons’ Wars (1258-1266) (S&M 47, Mats., pp. V-15 to V-25)
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a.
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Henry agrees to reform: the importance of the phrase status regni
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b.
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The provisions of Oxford:
the notion of community, the notion of the chief officers, the wardrobe.
The 3 annual parliaments may or not be the ancestor of the modern
institution.
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c.
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The reforms of the provisions of Westminster.
Much that has to do with the justices in eyre, and much that has to do with
lords’ courts.
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d.
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The mise of Amiens.
I don’t find the document to be as autarchic as some do.
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e.
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Dictum of Kenilworth. Announcing the
principle of no private revenge didn’t prevent it from happening, but it
did at least establish the principle.
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6.
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The reign of Edward I
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a.
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The Welsh wars (culminates in the Statute of Wales of 1284)
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b.
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The Scottish wars
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c.
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The French wars
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d.
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Statutory and parliamentary activity
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e.
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Confirmatio cartarum
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f.
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Quo warranto
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g.
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Carta mercatoria
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7.
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The legislative activity of Edward I.
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a.
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The fee simple is freely alienable and not devisable because of the
logic of warranty. The development had already taken place around the beginning
of the 13th century. The statute Quia
Emptores simply put an end to a practice whereby lords were being
deprived of the feudal incidents, the only thing about lordship that was
worth much any more; it did so by abolishing subinfeudation. All conveyances
of the fee must be by way of substitution.
The lords gave up their now nominal right to object to new tenants.
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b.
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De Donis is the product of a
much more complicated development, that begins
with the gift in maritagium.
Because no warranty is taken in such gifts, the law must develop rules
shorn of the key element that it has used in other areas. First comes curtesy, what would have happened if the lord had
taken his son-in-law’s warranty. Then comes the
curious rule that upon the birth of issue the couple have the right to
alien the fee simple. This is reversed by the statute De Donis that says that if this happens
the heirs of the body of the couple may bring what is called a new form of
action called formedon in the descender to get it back.
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c.
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All of this would suggest that the legislation of Edward I must be seen
for what it was, fixes. Taken together the fixes were important. They were
still lecturing on the legislation of Edward I in the Inns of Court in the
17th century. It was not, however, legislation in the modern sense. No one
in the time of Edward I thought that the whole system could be reformed by
legislation.
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