Real Actions Act 1267 (c.12)

by the English Parliament

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

Real Actions Act 1267

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

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 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."

Days given in Dower, Assise of Darraine Presentment, and Quare impedit.

IN a Plea of Dower, that is called Unde nihil habet, from henceforth four Days shall be given in the Year at the least, and more if conveniently it may be, so that they shall have five or six Days at the least in the Year.

(2) In Assises of Darraine Presentment, and in a Plea of Quare impedit, of Churches vacant, Days shall be given from fifteen to fifteen, or from three Weeks to three Weeks, as the Place shall hap to be near, or far.

(3) And in a Plea ofQuare impedit, if the Disturber come not at the first Day that he is summoned, nor cast no Essoin, then he shall be attached at another Day; at which Day if he come not, nor cast no Essoin, he shall be distrained by the great Distress above given;

(4) And if he come not then, by his Default a Writ shall go to the Bishop of the same Place, that the Claim of the Disturher for that time shall not be prejudicial to the Plaintiff; saving to the Disturber his Right at another time, when he will sue therefore.

(5) The same Law, as to the making of Attachments, shall from henceforth be observed in all Writs where Attachments lie, as in making Distresses, so that the second Attachment shall be made by better Pledges, and afterwards the last Distress.'

3 H. 8. c. 21.

Process in Quare impedit.

Fitz. Jour. 18, 19, 32.

11 H. 6. 4.

33 H. 6. 1. Fitz. Brief. al Evesque, 14, 21, 22. 27.

2 Inst. 123. Attachment.

Altered by 32 H. 8. c. 21. and 16 Car. 1. c. 6. § 13. and 24 Geo. 2. c. 48. § 4. in Dower after Issue joined there shall not be above 15 Days beeween the Teste and the Return of the Venire, &c.

Note : this act is listed in the Chronological Table of Statutes as the Real Actions Act, 1267