Resisting King's Officers in Replevin, etc. Act 1267

by the English Parliament

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

Resisting King's Officers in Replevin, etc. Act 1267

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

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^[1] 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."

A Lord shall not pay a Fine for distraining his Tenant.

The Punishment for unlawful Distress.

The Lord distraining his Tenant shall not pay a Fine.

If any, of what Estate soever he be, will not suffer such Distress as he hath taken, to be delivered by the King's Officers, after the Law and Custom of the Realm,

(2) or will not suffer Summons, Attachments, or Executions of Judgments given in the King's Court, to be done according to the Law and Custom of the Realm, as is aforesaid, he shall be punished in manner aforesaid, as one that will not obey the Law,^[2] and that according to the Quantity of the Offence.

(3) And if any, of what Estate soever he be, distrain his Tenant for Services and Customs^[3] being due unto him, or for any other Thing, for the which the Lord of the Fee hath Cause to distrain, and after it is found that the same Services are not due, the Lord shall not therefore be punished by Fine, as in the Cases aforesaid, if he do suffer the Distresses to be delivered according to the Law and Custom of the Realm; but shall be amerced as hitherto hath been used, and the Tenant shall recover his Damages against him.

Note : this act is listed in the Chronological Table of Statutes as theResisting King's Officers in Replevin, etc. Act, 1267

Enforced by 3 Ed. 1. c. 17. which provides a Remedy if the Distress by impounded in a Castle, &c.

Bro. Trespass, 16, 384. 5 H. 7. c. 9. 2 Inst. 105. See the References to Chap. 1.

1. For must be observed, read may be preserved.
2. The Words in Italicks not in the Original.
3. For being due unto him, read which he alledges to bedue unto him.