Distress Act 1267 (c.1)

by the English Parliament

Statutes made at Marlborough, alias Marleberge, 18 Novemb. Anno 52 HEN. III. and Anno Dom. 1267.

Distress Act 1267 (c.1)

1267 (52 Hen. 3) C A P. I.

IN the Year of Grace, One thousand two hundred sixty seven, the two and fiftieth Year of the Reign of King HENRY, Son of King JOHN, in the Utas of St. Martin, the said King our Lord providing for the better Estate of his Realm of England, and for the more speedy Ministration 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 Estate: It was provided, agreed, and ordained, that whereas the Realm of England of late had been disquieted with manifold Troubles and Dissensions; for Reformation whereof Statutes and Laws be right necessary, whereby the Peace and Tranquillity of the People*2 must be observed:Wherein the King, intending to devise convenient Remedy, hath made these Acts, Ordinances, and Statutes underwritten, which he willeth to be observed for ever firmly and inviolably of all his Subjects, as well high as low."

The Penalty of taking a Distress wrongfully.

Whereas at the time of a Commotion late stirred up within this Realm, and also sithence, many great Men, and divers other, refusing to be justified by the King and his Court, like as they ought and were wont in time of the King's noble Progenitors, and also in his time; but took great Revenges and Distresses of their Neighbours, and of other, until they had Amends and Fines at their own Pleasure;

(2) and further, some of them would not be justified by the King's Officers, nos would suffer them to make Delivery of such Distresses as they had taken of their own Authority:"

(3)It is provided, agreed, and granted, that all Persons, as well of high as of low Estate, shall receive Justice in the King's Court; and none from henceforth shall take any suchRevenge or Distress of his own Authority, without Award of our Court, though he have Damage or Injury,* whereby he would have Amends of his Neighbour either higher or lower.

(4) And upon the foresaid Article it is provided and granted, that if any from henceforth take such Revenges of his own Authority, without Award of the King's Court (as before is said) and be convict thereof, he shall be punished by Fine, and that according to the Trespass.

(5) And likewise if one Neighbour take a Distress of another without Award of the King's Court, whereby he hath Damage, he shall be punished in the same wise, and that after the Quantity of the Trespass.

(6) And nevertheless sufficient and full Amends shall be made to them that have sustained Loss by such Distresses.

Mert. cap. 11. 12. Co. 13.

The Punishment for an unlawful Distress.

11 H. 4. 2.

17 Ed. 3. 9.

2 Inst. 162.

See c. 2, 3 & 4. Also 3 Ed. 1. c. 16, 23 & 37. 9 Ed. 2. c. 9. 1 & 2 P. & M c. 12. See farther 2 W. & M. Sess. 1. c. 5. which gives double Damages for wrongful Distress; and 8 Ann. c. 14. and 11 Geo. 2. c. 19. containing farther Directions and Amendments with regard to Distresses.

a Concordatum ordinatum & in marg.