d a long series of fellows. Next
year came the statute of Rageman, which supplemented an earlier inquest
into abuses by instituting a special inquiry in cases of trespass. In
1277 the first Welsh war interrupted the current of legislation. The
break was compensated for in 1278 by the passing of the important
statute of Gloucester, the consummation of a policy which Edward had
adopted as soon as he set foot on English soil. The troubles of Edward's
youth had made clear to him the obstacles thrown in the path of orderly
government by the great territorial franchises. He had been forced to
modify his policy to gratify the lord of Glamorgan, and win over the
house of Mortimer by the erection of a new franchise that was a
palatinate in all but name. But such great "regalities" were, after all,
exceptional. Much more irritating to an orderly mind were the
innumerable petty immunities which made half the hundreds in England the
appendages of baronial estates, and such common privileges as "return of
writs," which prevented the sheriff's officers from executing his
mandates on numerous manors where the lords claimed that the execution
of writs must be entrusted to their bailiffs.[1] These widespread powers
in private hands were the more annoying to the king since they were
commonly exercised with no better warrant than long custom, and without
direct grant from him.
[1] See on "return of writs" and a host of similar immunities,
Pollock and Maitland's _History of English Law_, i., 558-82.
Bracton had already laid down the doctrine that no prescription can
avail against the rights of the crown, and it was a commonplace with the
lawyers of the age that nothing less than a clear grant by royal charter
could justify such delegation of the sovereign's powers into private
hands. Within a few months of his landing, Edward sent out commissioners
to inquire into the baronial immunities. The returns of these inquests,
which were carried out hundred by hundred, are embodied in the precious
documents called the Hundred Rolls. The study of these reports inspired
the procedure of the statute of Gloucester, by which royal officers were
empowered to traverse the land demanding by what warrant the lords of
franchises exercised their powers. The demand of the crown for
documentary proof of royal delegation would have destroyed more than
half the existing liberties. But aristocratic opinion deserted Edward
when he strove to carry out so
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