English statute of 1290
United Kingdom legislation
 is a statute passed by the Parliament of England in 1290 during the reign of Edward I that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants who wished to alienate their land to do so by substitution. The statute, along with its companion statute "Quo Warranto" also passed in 1290, was intended to remedy land ownership disputes and consequent financial difficulties that had resulted from the decline of the traditional feudal system in England during the High Middle Ages. The name derives from the first two words of the statute in its original mediaeval Latin, which can be translated as "because the buyers". Its long title is A Statute of our Lord The King, concerning the Selling and Buying of Land. It is also cited as the Statute of Westminster III, one of many English and British statutes with that title.
Prior to the passage of , tenants could either subinfeudate their land to another, which would make the new tenant their vassal, or substitute it, which would sever the old tenant's ties to the land completely and substitute the new tenant for the old with regards to obligations to the immediate overlord concerned. Subinfeudation would prove problematic so was banned by the statute.
By effectively ending the practice of subinfeudation, hastened the end of feudalism in England, although it had already been on the decline for quite some time. Direct feudal obligations were increasingly being replaced by cash rents and outright sales of land which gave rise to the practice of "livery and maintenance" or bastard feudalism; the retention and control by the nobility of land, money, soldiers and servants via direct salaries; and land sales and rent payments. By the mid-fifteenth century the major nobility were able to assemble estates, sums of money and private armies on retainer through post- land management practices and direct sales of land. It is thought by historians such as Charles Plummer that this then developed into one of the possible underlying causes of the Wars of the Roses. Other sources indicate the essence of bastard feudalism as early as the 11th century in the form of livery and maintenance, and that elements of classical feudalism are significant as late as the 15th century.
As of 2020[ [update]] the statute remains in force in England and Wales, albeit in highly amended form. It was repealed in the Republic of Ireland in 2009. It had an impact in Australia, as well as colonial America and thereby the modern United States.
Nomenclature.
, translatable as "because of the buyers" and traditionally translated into English as "Forasmuch as the Purchasers", are the first two words of the statute in its mediaeval Latin. It is used in the statute to announce its intent and background, the "Purchasers" referring to subinfeudators whom the statute was trying to counteract.
The statute is given the Latin title "Statute qd null emat tras de aliis tenend qa de capitalibz dnis, &amp;c." on the Close Roll. It is known as the "Statutum Westm. iij. The Statute of Westminster the Third, viz. of Quia Emptores Terrarum" in the Printed Copies and Translations. In "The Statutes of the Realm" it is given the Latin title "Statutu[m] d[omi]ni R[egis] de t[er]ris vendend[o] et emend[o]", with a corresponding English title "A Statute of our Lord The King, concerning the Selling and Buying of Land". Its citation is 18 Edw. 1. c. 1.
Background.
Prior to the Norman Conquest of England in 1066, the Anglo-Saxon law of land succession was customary. Land, or "folkland" as it was called, was held in allodial title by the group, meaning the group held the land. It was probably of little relevance when the titular head of the clan or family died. Traditional lands continued to be held in community by the group. The exact nature of allodialism as it existed in Anglo-Saxon England has been debated, but to no definitive end. On one side, it has been argued that in the mark system Saxon allodialism was a highly idealistic socialist/communitarian state. Countering this utopian view was Numa Denis Fustel de Coulanges in his essay "The Origins of Property in Land", and Frederic William Maitland who found it to be inconsistent with extant Anglo-Saxon documents from pre-Norman times.
After the Conquest, the rule became one of primogeniture inheritance, meaning the eldest surviving son became the sole heir of the baronial estate. The intent of primogeniture inheritance was to keep large land holdings in the hands of a relatively few, trustworthy lords. The other sons could be accommodated by becoming under-lords to the surviving heir. The eldest would accept the younger brothers "in homage" in return for their allegiance. This was a process called subinfeudation. Even commoners could subinfeudate to their social inferiors. Large pieces of land were given to the great lords by the Norman Crown. Land title under William was a life tenure, meaning the land would pass back to the Crown upon the death of the lord. These lands were then subinfeudated to lesser lords. Landholdings in England were of this pattern: large land grants issued to the great lords by the Crown. These were divided up among the younger sons, who then subinfeudated them to lesser lords and commoners. These in turn "accepted in homage" their lessers who held even smaller parcels of land. Determining who owed what feudal incidences filled the court dockets for generations. With the passage of time, land tenures came to be inherited by the survivors of the great lords upon their deaths. Accompanying the Norman change in inheritance was a recognition of the ability of even the lowest of landholders the right of inheritance. In the 12th century, this custom was extended to the commoners. It was discovered that granting an interest in the passage of land to their children, commoners would tend the land with greater economy. The children of tenants were assured their inheritance in the land. This also meant, as a practicality, the land could be sold or bequeathed to the Church. The ancient method of the Normans was a grant to the Church in frankalmoin.
In English law after the Conquest, the lord remained a grantor after the grant of an estate in fee-simple. There was no land in England without its lord: "" was the feudal maxim. These grants were in turn subject to subinfeudation. The principal incidents of a seignory were an oath of fealty, a quit or chief rent; a relief of one year's quit rent, and the right of escheat. In return, for these privileges the lord was liable to forfeit his rights if he neglected to protect and defend the tenant or did anything injurious to the feudal relation. The word "fee" is associated with the Norman feudal system and is in contradistinction to the Anglo-Saxon allodial system.
At the time of the Conquest, William the Conqueror granted fiefs to his lords in the manner of a continental or feudal benefice which assured little beyond a life tenure. The English charters were careful to avoid saying the donee was to take the estate for life, or whether the heir was to have any rights. At this time, there is abundant evidence that lords refused to regrant on any terms to the deceased tenant's heirs; the deed phrase "to [A] and his heirs and assigns" is the product of efforts by purchasers to preserve such rights on behalf of those who might inherit or purchase the land from them. The practice of demanding a monetary payment for regranting of tenancy to the heirs quickly became the norm.
In 1100, the Charter of Liberties of Henry I of England contained the clause:
 ;templatestyles src="Template:Blockquote/styles.css" / ;If any of my earls, barons or other tenants in chief die, his heir shall not redeem his land as he did in the time of my brother [i.e. William II of England], but shall take it up with a just and lawful relief. The men of my barons shall take up ("relevabunt") their lands from their lords with a just and lawful relief.
Relief later was set at a rate per fee in Magna Carta. By the time of Bracton, it was settled law that the word "fee" connoted inheritability and the maximum of legal ownership.
Magna Carta and the Great Charter of 1217.
The Magna Carta of 1215 gave little mention of the rights of alienation. It contained 60 chapters, and represented the extreme form of baronial demands. John managed to receive a bull from Pope Innocent III annulling the Magna Carta. Magna Carta was effective law for about nine weeks. King John of England died shortly after that in 1216. The council which ruled in the name of the infant Henry III of England re-issued the charter in 1216, this time with papal assent. It was very much modified in favor of the Crown. The third Great Charter in 1217 is the first document of a legislative kind that expressly mentioned any restraint of alienation in favor of the lord. It says: "No free man shall henceforth give or sell so much of his land as that out of the residue he may not sufficiently do to the lord of the fee the service which pertains to that fee."
It was determined during the minority rule of Henry III that the Crown should not be limited, hence the compromises seen in the Charters of 1216 and 1217. In 1225, Henry III came of age, and a fourth Great Charter was issued, which varied only slightly from the third Charter. The charter deals with land law in Chapters 7, 32 and 36. The rights of widows were protected and landowners were forbidden to alienate so much of their land that the lord of the fee suffered detriment. Collusive gifts to the Church (which were frequently made in order to evade feudal service) were forbidden. Coke interprets this as though its only effect was to make the excessive gift voidable by the donor's heir. It certainly could not be voided by the donor's lord. This opinion was reiterated by Bracton.
Alienation by serfs and peasants.
The use of land by tenants (serfs and peasants) was more difficult. Some families stayed on the land for generations. When the nominal head of the family died, it was usually of little consequence to the lord, or the owners of the title to the land. The practice of socage whereby the peasants pledged a payment (either in agricultural goods or money) for the privilege to inhabit and farm the land became the standard practice. After the payment, the peasant was considered "soked", that is, paid in full.
It was discovered that agricultural land would be more economically tended if the peasants were assured an inheritance of the land to their descendants. This right to inherit was quickly followed by the right to alienation, i.e. the right to sell the inheritance to an outside party.
Disputes arose when a family member wanted to leave inherited land to the Church, or wanted to sell the land to a third party. Questions concerning the rights of the overlord and the other family members were frequently heard in the courts prior to . In general, it was held that a donor should pay the other parties who had an interest to give them relief. However, the results were haphazard and the rulings of various courts were patchwork, and there was little established stare decisis from jurisdiction to jurisdiction. This difficulty is illustrated in statements made by Ranulf de Glanvill (died 1190), the chief Justiciar of Henry II:
 ;templatestyles src="Template:Blockquote/styles.css" / ;Every freeman, therefore, who holds land can give a certain part in marriage with his daughter or any other woman whether he has an heir or not, and whether the heir is willing or not, and even against the opposition and claim of such an heir. Every man, moreover, can give a certain part of his free tenement to whomsoever he will as a reward to his service, or in charity to a religious place, in such wise that if seisin has followed upon the gift it shall remain perpetually to the donee and his heirs if it were granted by hereditary right. But if seisin did not follow upon the gift it cannot be maintained after the donor's death against the will of