Statute of Marlborough
Encyclopedia
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that has not yet been repealed.
The chapters currently valid are c.1, c.4, & c.15 (often referred to as the Distress Act 1267), 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), 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Repealed chapters include legislation on resisting the King's officers, the confirmation of charters, wardship, redisseisin, suits of court, Sheriff's turns,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, essoin
s, juries, guardians in socage
, amercements for default of summons, pleas of false judgement, replevin
, freeholders, inquest, murder, benefit of clergy
, and prelates.
Henry III of England
Henry III was the son and successor of John as King of England, reigning for 56 years from 1216 until his death. His contemporaries knew him as Henry of Winchester. He was the first child king in England since the reign of Æthelred the Unready...
of England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
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
King of the Romans
King of the Romans was the title used by the ruler of the Holy Roman Empire following his election to the office by the princes of the Kingdom of Germany...
, and the Lord Edward
Edward I of England
Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...
eldest son of the said King Henry, and the Lord Ottobon
Pope Adrian V
Pope Adrian V , born Ottobuono de' Fieschi, was pope in 1276.-Biography:Ottobuono belonged to a feudal family of Liguria, the Fieschi, Counts of Lavagna....
, at that time legate
Papal legate
A papal legate – from the Latin, authentic Roman title Legatus – is a personal representative of the pope to foreign nations, or to some part of the Catholic Church. He is empowered on matters of Catholic Faith and for the settlement of ecclesiastical matters....
in England.
It is so named as it was passed at Marlborough, where a Parliament
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
was being held. The preamble dates it as "...the two and fiftieth year of the reign of King Henry, son of King John
John of England
John , also known as John Lackland , was King of England from 6 April 1199 until his death...
, 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
St. Martin's Day
St. Martin's Day, also known as the Feast of St. Martin, Martinstag or Martinmas, the Feast of St Martin of Tours or Martin le Miséricordieux, is a time for feasting celebrations. This is the time when autumn wheat seeding is completed. Historically, hiring fairs were held where farm laborers...
Saint Martin
Martin of Tours
Martin of Tours was a Bishop of Tours whose shrine became a famous stopping-point for pilgrims on the road to Santiago de Compostela. Around his name much legendary material accrued, and he has become one of the most familiar and recognizable Christian saints...
.
It is the oldest piece of statute law in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
that has not yet been repealed.
The chapters currently valid are c.1, c.4, & c.15 (often referred to as the Distress Act 1267), 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), 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, essoin
Essoin
In old English law, an essoin is an excuse for nonappearance in court. Essoining is the seeking of the same. The person sent to deliver the excuse to the court is an essoiner or essoineur....
s, juries, guardians in socage
Socage
Socage was one of the feudal duties and hence land tenure forms in the feudal system. A farmer, for example, held the land in exchange for a clearly defined, fixed payment to be made at specified intervals to his feudal lord, who in turn had his own feudal obligations, to the farmer and to the Crown...
, amercements for default of summons, pleas of false judgement, replevin
Replevin
In creditors' rights law, replevin, sometimes known as "claim and delivery," is a legal remedy for a person to recover goods unlawfully withheld from his or her possession, by means of a special form of legal process in which a court may require a defendant to return specific goods to the...
, freeholders, inquest, murder, benefit of clergy
Benefit of clergy
In English law, the benefit of clergy was originally a provision by which clergymen could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law...
, and prelates.