1285 is a code of the same sort as the first, amending
the Statutes of Mortmain, of Merton, and of Gloucester,
as well as the laws of dower and advowson, remodelling
the system of justices of assize, and curbing the
abuses of manorial jurisdiction. In the same
year appeared the greatest of Edward’s measures
for the enforcement of public order. The Statute
of Winchester revived and reorganized the old institutions
of national police and national defence. It regulated
the action of the hundred, the duty of watch and ward,
and the gathering of the fyrd or militia of the realm
as Henry the Second had moulded it into form in his
Assize of Arms. Every man was bound to hold himself
in readiness, duly armed, for the king’s service
in case of invasion or revolt, and to pursue felons
when hue and cry was made after them. Every district
was held responsible for crimes committed within its
bounds; the gates of each town were to be shut at
nightfall; and all strangers were required to give
an account of themselves to the magistrates of any
borough which they entered. By a provision which
illustrates at once the social and physical condition
of the country at the time all brushwood was ordered
to be destroyed within a space of two hundred feet
on either side of the public highway as a security
for travellers against sudden attacks from robbers.
To enforce the observance of this act knights were
appointed in every shire under the name of Conservators
of the Peace, a name which as the benefit of these
local magistrates was more sensibly felt and their
powers were more largely extended was changed into
that which they still retain of Justices of the Peace.
So orderly however was the realm that Edward was able
in 1286 to pass over sea to his foreign dominions,
and to spend the next three years in reforming their
government. But the want of his guiding hand was
at last felt; and the Parliament of 1289 refused a
new tax till the king came home again.
[Sidenote: “Quia Emptores”]
He returned to find the Earls of Gloucester and Hereford
at war, and his judges charged with violence and corruption.
The two Earls were brought to peace, and Earl Gilbert
allied closely to the royal house by a marriage with
the king’s daughter Johanna. After a careful
investigation the judicial abuses were recognized
and amended. Two of the chief justices were banished
from the realm and their colleagues imprisoned and
fined. But these administrative measures were
only preludes to a great legislative act which appeared
in 1290. The Third Statute of Westminster, or,
to use the name by which it is more commonly known,
the Statute “Quia Emptores,” is one of
those legislative efforts which mark the progress of
a wide social revolution in the country at large.
The number of the greater barons was diminishing every
day, while the number of the country gentry and of
the more substantial yeomanry was increasing with
the increase of the national wealth. The increase