Statute of Marlborough


Statute of Marlborough

The Statute of Marlborough (52 Hen 3) was a set of laws passed by King Henry III of England in 1267. There were twenty-nine chapters, of which four are still in force. The full title was Provisions made at Marlborough in the presence of our lord King Henry, and Richard King of the Romans, and the Lord Edward eldest son of the said King Henry, and the Lord Ottobon, at that time legate in England.

It is so named as it was passed at Marlborough, where a Parliament was being held. The preamble dates it as "...the two and fiftieth year of the reign of King Henry, son of King John, in the utas of Saint Martin...", which would give a date of November 19, 1267; "utas" is an archaic term to denote the eighth day after an event, in this case the feast day of Saint Martin.

It is the oldest piece of statute law in the United Kingdom that has not yet been repealed.[1]

The chapters currently valid are c.1, c.4, & c.15 (often referred to as the Distress Act 1267),[2] which seek to govern the recovery of damages ("distresses") and make it illegal to obtain recompense for damages other than through the courts, and c.23 (the Waste Act 1267),[3] which seeks to prevent tenant farmers from "making waste" to land they are in tenancy of. Chapter 15 sets out places in which "distresses" are forbidden to be taken; these include the King's Highway and the Common Street. In other words, actions to remedy a breach of some kind by one person against another may not be taken in the street etc.

Repealed chapters include legislation on resisting the King's officers, the confirmation of charters, wardship, redisseisin, suits of court, Sheriff's turns, beaupleader, real actions, essoins, juries, guardians in socage, amercements for default of summons, pleas of false judgement, replevin, freeholders, inquest, murder, benefit of clergy, and prelates.

Contents

See also

Notes

  1. ^ The famous Magna Carta was originally passed in 1215, but the version currently in force only dates to a reissue in 1297 (25 Edw. I). The oldest piece of extant Scottish law is the Royal Mines Act 1424
  2. ^ Chapter 2 also covered distresses, but was repealed by the Statute Law Revision Act 1948
  3. ^ Whilst the bulk of the chapter remains in force, the first paragraph was repealed by the Statute Law Revision and Civil Procedure Act 1881

References

External links


Wikimedia Foundation. 2010.

Look at other dictionaries:

  • Statute of Marlborough — The statute (1267) 52 Henry III, ch 23, confirming Magna Charta and Charta de Foresta and regulating certain tenures and matters of procedure. Sometimes called Statute of Marlbridge after the place where parliament was sitting at the time of the… …   Ballentine's law dictionary

  • Marlborough, Wiltshire — Coordinates: 51°25′01″N 1°43′01″W / 51.417°N 1.717°W / 51.417; 1.717 …   Wikipedia

  • Marlborough, Statute of — 1267. A statute which signalled the conclusion of the Barons War. Under the Provisions of Westminster Henry III had surrendered control of government to a baronial council with an agenda of institutional reform. The provisions were revised and… …   Dictionary of Medieval Terms and Phrases

  • Marlborough — See Statute of Marlborough …   Ballentine's law dictionary

  • Statute of Marlbridge — Same as Statute of Marlborough …   Ballentine's law dictionary

  • Marlborough House — Coordinates: 51°30′18″N 0°8′9″W / 51.505°N 0.13583°W / 51.505; 0.13583 This article is about Marlborough Hous …   Wikipedia

  • United Kingdom — a kingdom in NW Europe, consisting of Great Britain and Northern Ireland: formerly comprising Great Britain and Ireland 1801 1922. 58,610,182; 94,242 sq. mi. (244,100 sq. km). Cap.: London. Abbr.: U.K. Official name, United Kingdom of Great… …   Universalium

  • Dictum of Kenilworth — Award of reconciliation between the king and the rebels of the Barons War. Kenilworth Castle Type Edict, award Signed …   Wikipedia

  • Quia Emptores — (medieval Latin for because the buyers , the incipit of the document) was a statute passed by Edward I of England in 1290 that prevented tenants from alienating their lands to others by subinfeudation. Quia Emptores, along with its companion… …   Wikipedia

  • Henry de Bracton — was appointed to the coram rege, the advisory council of Henry III of England Henry of Bracton, also Henry de Bracton, also Henrici Bracton, or Henry Bratton also Henry Bretton (ca. 1210–68) was an English jurist. He is famous now for his… …   Wikipedia


Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.