potest herbagium. Item localis et non certis personis, sicut alicujus universitatis, burgensium et civium', et omnes conqueri possunt et unus nomine universitatis.

1 Both rights of property in the land itself, and rights over the land of another, might be granted (apart from the Statutes of Mortmain) to a corporation. Therefore the rule that inhabitants as such cannot claim a profit in alieno solo (see above, p. 156, note 2) does not apply where the rights are claimed in the name of a corporation. A corporation may claim such rights by prescription, because the rights might by legal possibility have originated in a grant. Bracton's language no doubt points to the actual historical origin of these rights, namely, that they were local customs which became legalised. The theory of the later lawyers excluded from the category of legal rights all profits not capable of originating in a grant.

CHAPTER IV.

LEGISLATION OF EDWARD I.

THE reign of Edward I was a period of great legislative activity. The statutes passed in this reign introduced some important changes, which have affected the subsequent history and the present condition of the law. Besides the changes effected by new enactments, the regular action of the courts proceeds, and with it the development and definition of the law. The series of regular reports called the Year Books begins with the reign of Edward II, and contains reports of cases decided to the end of the reign of Edward III, and from the beginning of the reign of Henry IV to the end of that of Henry VIII 1.

The text-books of this reign, of which the principal are the treatises of Britton and Fleta3 (the Mirror of Justices is probably to be ascribed to the reign of Edward II), add but little to the

1 See Reeves, ii. p. 229. There have been lately published in the series under the direction of the Master of the Rolls, from MSS. in the Libraries of Cambridge University and Lincoln's Inn, four volumes called Year Books, containing reports of cases decided on the itinera of the judges and at Westminster in the 20th and 21st, 21st and 22nd, 30th and 31st, and 31st and 32nd years of Edward I. See Preface to Year Books, 30 and 31 Edward I, p. xxii. The reports of the reign of Richard II are contained in a volume styled Bellewe's Reports.

2 There is great doubt as to the authorship of Britton. Some have thought that the name is identical with Bracton, and that the work is merely an authoritative abridgment of Bracton; others have ascribed it to an independent writer. See Nichols' Britton, preface, pp. xviii-xxvii.

3 So named because it was written by some lawyer, perhaps a judge, during imprisonment in the Fleet. (Fleta, preface).

great treatise of Bracton. The treatise called Fleta carries the law down to a point later than the thirteenth year of the king, and contains comments on the changes in the law since Bracton wrote 1.

The changes of historical importance in the law relating to land which were effected by new legislation during this reign will be seen from the following statutes; the development of the common law effected by judicial decisions is reserved for the next chapter.

The statutes of this reign are usually in Latin, though some are in French, and in one case a chapter of a statute is partly in Latin, partly in French2. It seems impossible to lay down any principle by which the choice of the language was regulated. 'Both the Latin and French were the languages of the law, and probably were adopted according to the whim of the clerk or other person who drew up the statute 3.'

§ 1. A Manor in the time of Edward I.

The following Statute, though not making any change in the positive law relating to land, is valuable as showing clearly the legal conception of a manor in the time (probably) of Edward I. In myn opinion this statute was made sone after the barons' warre, the whyche ended at the battayle of Evesham, or sone after in the tyme of Kynge Henry the thyrde', where as many noblemen of bloud were slayne, and many fled that afterward were attaynted for the treason they did to the Kynge. And by reason thereof their castelles and manours were seased into the Kynge's handes. And so for want of reparations the castelles

1 The other treatises which were published in this reign were An Abbreviation of Bracton by Gilbert de Thornton, the Summa Magna and Parva of Radulph de Hengham, and a small tract called Fet Assavoir.

2 Statute West. II, ch. 34.

3 Reeves, ii. p. 228.

From internal evidence the document would appear to be later than 13 Edward I. See p. 178, note 2.

and the manors fell to ruine and in decaye. And when the Kynge and his counsayle saw that, they thought it was better to extende them and make the most profit that they coude of them, than to lette them fall to the grounde, and come to no manne's helpe and profyte. Wherefore Kynge Edwarde the first ordeyned this statute to be made the fourth year of his reigne, wherein is contayned many and dyvers chapters and articles, the which at that tyme was but instructions, how and what they shuld do that were commissioners or surveyours in the same.'— (Fitzherbert's Surveyinge, chap. i: A.D. 1539.)

EXTENTA MANERII, 4 Edward I, Stat. 11.

Inquirendum est de castris, et aliis edificiis fossatis circumdatis, quantum muri, edificia lignea et lapidea, plumbo vel alio modo cooperta, valeant, et pro quanto poterunt appreciari, secundum verum valorem eorundem murorum et edificiorum : et pro quanto edificia extra fossatum poterunt appreciari, et quantum valeant, una cum gardinis, columbariis, et omnibus aliis exitibus curiae per annum.

Item inquirendum est quot campi sunt in dominico2, et quot acrae terrae sunt in campo, et quantum valet quaelibet acra per se per annum; item inquirendum est quot acrae prati sunt in dominico, et quantum valet quaelibet acra ad locandum per se per annum, et ad cujusmodi bestias et animalia pastura illa fuerit magis necessaria, et quot et quales possit sustinere, et quantum valet pastura cujuslibet bestiae et animalis per se per annum ad locandum.

Item inquirendum est de pastura forinseca, quae est communis3, et quot et quas bestias et quot animalia et quae dominus [rex] habere possit in eadem, et quantum valeat pastura cujuslibet bestiae et animalis per se per annum ad locandum.

1 This is the date given in most editions of the Statutes. In 'Statutes of the Realm' (i. p. 242) it is included amongst the Statutes of uncertain date, and printed after the Statutes of Edward II.

2 See above, pp. 24, 50.

3 See above, Chap. III. § 18 (2).

* Some MSS. omit this word, which is not inserted in 'Statutes at Large,'

N

Item inquirendum est de parcis et dominicis boscis quae dominus ad voluntatem suam poterit assartare et excolere1, et quot acras in se contineant, et pro quanto vestura cujuslibet acrae poterit appreciari, et quantum fundus in se contineat et valeat quando prostratus fuerit, et quantum valet quaelibet acra per se per annum.

Item inquirendum est de boscis forinsecis, ubi alii communicant, quid de eisdem boscis dominus sibi possit appruare2, et de quot acris, et pro quanto vestura cujuslibet acrae communiter possit appreciari, et quantum fundus valeat quando prostratus fuerit. Item inquirendum est utrum dominus de residuo boscorum praedictorum forinsecorum dare possit, et quantum valeant hujusmodi donationes et venditiones per annum.

Item inquirendum est de pannagio, herbagio, melle, oleribus, et omnibus aliis exitibus vivariorum, mariscorum, morarum, bruerarum, turbariarum, et vastorum, et quantum valeant per

annum.

Item de molendinis, et piscariis separalibus et communibus, quantum valeant per annum.

Item de libere tenentibus quibuscunque et forinsecis* vel extrinsecis, inquirendum est quot sunt libere tenentes, et qui, et quas terras, et quae tenementa, et quae feoda teneant, et per quod servitium, utrum per socagium, vel servitium militare, vel alio modo, et quantum valeant per annum et reddant per annum de redditu assisae5, et qui tenent per cartam, et qui non,

*

If it is rightly inserted, the passage would be in accordance with the view taken of the history of the rights of the king, above, p. 19.

This probably refers to the parks and other enclosures which had been made under the provisions of the Statute of Merton. See Chap. III. §§ 10, 18 (2).

2 That is, what further enclosures can be made without infringing rights of common enjoyed by freeholders who are not tenants of the manor. This would seem to show that this document must be subsequent to the Statute 13 Edward I, c. 46. See below, § 4.

3 See above, p. 49.

* Forinseci tenentes' are probably those tenants who hold of the lord of the manor as a fact, but whose tenements are not within the ambit of the manor, and who are therefore not tenants of the manor.

5 Rents of assize are the certain rents of freeholders and ancient copyholders, because they be assized and certain, and doth distinguish the same from redditus mobiles, farm-rents for life, years, or at will, which are variable and uncertain.' Coke, Second Institute, 19.