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 RichardKing 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 191267; "utas" is an archaic term to denote the eighth day after an event, in this case the feast day ofSaint 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It is the oldest piece of statute law in the United Kingdom that has not yet been repealed.[1] The chapters currently valid are c.1, c.4, & c.15 (often referred to as the Distress Act 1267),[2] which seek to govern the recovery of damages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.
Repealed chapters include legislation on resisting the King's officers, the confirmation of charters, wardship, redisseisin, suits of court, Sheriff's turns,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.
Encyclopedia
top
