Statute of Westminster 1285


The Statute of Westminster of 1285, also known as the Statute of Westminster II, like the Statute of Westminster 1275, is a code in itself, and contains the famous clause De donis conditionalibus, one of the fundamental institutes of the medieval land law of England.
William Stubbs says of it:
Most of the statute was repealed in the Republic of Ireland in 1983, and the rest in 2009.

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 Chapter 46 became known as the Commons Act 1285 and was repealed in England in 2006, and in Wales in 2007.
ChapterShort titleTitleNotes
1De donis conditionalibusIn Gifts in Tail the Donor's Will shall be observed. The Form of a Formedon.Still in force in England and Wales.
2Replevin Act 1285A Recordare to remove a Plaint. Pledges to prosecute a Suit. Second Deliverance.
3A Cui in vita for the Wife. Where a Wife, or he in Reversion, shall be received.
4Where the Wife shall be endowable of Lands recovered against her Husband. Where the Heir may avoid a Dower recovered. A remedy for particular Tenants losing by default.
5Recovery of Advowsons Act 1285Remedies to redress Usurpations of Advowsons of Churches, &c.
6The Penalty if a Tenant impleaded, and the Vouchee denieth his Warranty.
7 of Dower for the Guardian and the Heir, and the Process therein.
8In what Case a Secunda superoneratione Pasturæ shall be awarded.
9In what Case the Writ of Mesne is to be pursued.
10Suits Before Justices in Eyre Act 1285At what Time Writs shall be delivered for Suits depending before Justices in Eyre. Any Person may make a general Attorney.
11Accountants Act 1285The Masters Remedy against their Servants, and other.
12Appeal of Felony Act 1285The Appellant being acquitted, the Appellor and Abettors shall be punished. There shall be no Essoin for the Appellor.
13Sheriff's Tourn, etc. Act 1285The Order of the Indictments taken in the Sheriffs Turn.
14Actions of Waste Act 1285The Process in an Action of Waste. A Writ to enquire of Waste.
15Suit of Infant by Next Friend Act 1285An Enfant may sue by Prochein Amy.Still in force in the Republic of Ireland.
16Wardship Act 1285Priority of Feoffment giveth Title of Wardship.
17Essoin Act 1285In what Case Essoin De malo lecti doth lie, and where not.
18Damages: Execution Act 1285He that recovereth Debt may sue Execution by Fieri facias or Elegit.
19Intestates' Debts Act 1285The Ordinary chargeable to pay Debts as Executors.
20The Tenants Answer in a Writ of Cosinage, Aiel, and Besaiel.
21A Cessavit by the chief Lord against his Freehold Tenant.
22Waste maintainable by one Tenant in common against another.
23Executors; Writ of Accompt Act 1285Executors may have a Writ of Accompt.
24A Writ of Nuisance of a House, &c. levied and aliened to another. A Quod permittat and Juris utrum for a Parson of a Church. In like Cases like Writs be grantable.
25Of what Things an Assise shall lie. Certificate of Assise. Attachment in an Assise.
26Who may bring a Writ of Redisseisin, and the Punishment of the Offender therein.
27Essoins Act 1285Essoin after inquest, but none after Day given Prece partium.
28In certain Actions, after Appearance there shall be no Essoin.
29Writs of Trespass, etc. Act 1285To whom only the Writ of Trespass of Oyer and Terminer shall be granted. In what Case the Writ of Odio & Atia is granted.
30Justices of Nisi Prius, etc. Act 1285The Authority of Justices of Nisi prius. Adjournment of Suits. Certain Writs that be determinable in their proper Counties. A Jury may give their Verdict at large. None but which were summoned shall be put in Assises or Juries.
31Bills of Exceptions Act 1285An Exception to a Plea shall be sealed by the Justices.
32Mortmain Act 1285Mortmain by Recovery of Land by Default.
33Forfeiture of Lands Act 1285Lands where Crosses be set, shall be forfeited as Lands aliened in Mortmain.
34Forfeiture of Dower, etc. Act 1285It is Felony to commit Rape. A married Woman elopeth with Advouterer. The Penalty for carrying a Nun from her House.
35Punishment of him that taketh away a Ward Act 1285In what Cases do lie a Writ of Ravishment of Ward, Communi Custodia, Ejectione, &c.
36Procurement of Suits Act 1285A Distress taken upon a Suit commenced by others.
37The Distress Act 1285No Distress shall be taken but by Baliffs known and sworn.
38Juries Act 1285How many shall be returned in Juries and petit Assises, and what Age they shall be.
39Execution of Process Act 1285The Manner to deliver Writs to the Sheriff to be executed. The Sheriff returneth a Liberty where none is. Returning of Issues. Resistance of Execution of Process.
40A Woman's Suit shall not be deferred by the Minority of the Heir.
41Alienation by Religious Houses, etc. Act 1285A Conira formam Collationis; and a Cessavit to recover Lands given in Alms.
42Fees of King's Marshall Act 1285The several Fees of Marshals, Chamberlains, Porters of Justices in Eyre, &c.
43Hospitallers and Templars Act 1285Hospitallers and Templars shall draw no Man into Suit, &c.
44Fees of Officers on Circuit Act 1285The Fees of Porters bearing Verges before the Justices; and of Cirographers, Clerks, &c.
45Execution Act 1285The Process of Execution of Things recorded within the Year, or after.
46Commons Act 1285Lords may approve against their Neighbours. Usurpation of Commons during the Estate of particular Tenants.Repealed in England and Wales in 2006.
47Salmon Preservation Act 1285A Penalty for taking of Salmons at certain Times of the Year.
48In what Cases the View of Land is grantable, and what not.
49Maintenance and Champerty Act 1285The Penalty for buying the Title of Land depending in Suit. A Remedy for Suits where the Law faileth.
50No Man shall depart from the King's Court without Remedy.