The Life and Reign of Edward I.

by Robert Benton Seeley

But the chief glory of his reign was, that he saw and appreciated that great public necessity—the want of good laws, and of a constitutional legislature for their consideration and enactment. We have already cited, but must here repeat, his first avowal, made as early as in the year 1267, of what he deemed to be the true office, the first duty of a king. Speaking in his father’s name, he said,—

“Our lord the king, providing for the better estate of his realm of England, and for the more speedy administration of justice, as belongeth to the office of a king; the more discreet men of the realm being called together, as well of the higher as of the lower degree; it was provided, agreed, and ordained,” etc.

Here we have, before he had ascended the throne, but at a time when he assuredly governed the vessel of the State, a brief but pithy outline of the constitution of England; and that outline it was the effort, the business of his life to fill up. With a vigorous hand he applied himself to the work of establishing a system of wise laws, and of improving the administration of justice. His sagacious and active mind penetrated and pervaded every department. And hence it is, that, in the judgment of all competent historians, the thirteenth century is the starting‐point of the history of England. A writer of the Elizabethan age[39] repeatedly notices with admiration, “his noble industry,” his “unceasing labours”; and this praise is justified by the recorded facts. In former reigns, foreign contests, and the suppressions of rebellion, or the enjoyment of hunting, filled up the reigns of the Norman kings. But Edward lived for England. In the former reigns, a brief charter had sometimes been extorted from the king; and in Henry’s long reign our Statute‐Book commences, with six ordinances, made in the course of fifty‐six years. But so soon as Edward ascends the throne, legislation of the highest order at once begins. Crowned in 1274, in 1275 we have the “Statute of Westminster,” “a code, rather than an act of parliament.” In 1276, the statutes on Coroners and on Bigamy. Occupied with Wales for one year, in 1278 we have the “Statute of Gloucester;” in 1279, the great “Statute of Mortmain.” Once more Wales claimed his attention; but in 1283 was passed “the famous statute” de Mercatoribus. In 1284, followed the “Statutes of Wales.” In 1285, the second “Statutes of Westminster;” and subsequently, the “Statute of Winchester.” He was then abroad for three years; but on his return, we have, immediately, the statutes “Quo Warranto,” “Quia Emptores,” and “Westminster III.” Thus it is evident that Edward deemed, most wisely and justly, that the establishment of good and wholesome laws was his primary duty.

A hasty observer might remark that the quantity of this legislation was not large, and that a statute or two in a year might be reckoned a slow rate of production. But the answer to this is obvious. The work of legislation was but newly undertaken, and those who had addressed themselves to it were prudently cautious. Some of these statutes, too, were large and comprehensive measures, well deserving a prolonged and careful consideration. But this brings us to a distinct and separate question—the character and value of Edward’s legislation. And this is the most wonderful feature in the whole case; for the quality of this legislation is probably unparalleled. Who is a higher authority on such matters than Sir Edward Coke?—and he, describing Edward’s laws, says:—

“All the statutes made in the reign of this king may justly be styled establishments; because they are more constant, standing, and durable laws, than have been made ever since. Justly, therefore, may this king be called, our Justinian.”

Fifty years after Sir Edward Coke, lived the great and good Sir Matthew Hale, who, in describing the growth of the common law of England, says of this reign:—

“Never did the laws, in any one age, receive so great and sudden an advancement. Nay, I may safely say, that all the ages since his time have not done so much, in reference to the orderly settling and establishing the distributive justice of this kingdom, as he did in the short compass of his single reign.” He adds: “Upon the whole, it appears, that the very scheme, mould, and model, of the common law, as it was rectified and set in order by this king, so in a great measure it has continued the same, through all succeeding ages to this day. So that the mark or epocha we are to take for the true starting of the law of England, what it is, is to be considered, stated, and estimated, from what this king left it. Before his time it was, in a great measure, rude and unpolished; while, on the other hand, as it was thus polished and ordered by him, so it has remained hitherto, without any great or considerable alteration.”

It would be easy to enlarge on this subject, but we are limiting ourselves to an outline. Sir William Blackstone thus describes this remarkable period of legislation:—

“Edward established, confirmed, and settled the great charter and the charter of forests.

“He gave a mortal wound to the encroachments of the pope and his clergy, by limiting and establishing the bounds of ecclesiastical jurisdiction; and by obliging the ordinary, to whom the goods of intestates at that time belonged, to discharge the debts of the deceased.