The Statute of Marlborough 1267 [Distress]

I Of wrongful Distresses, or Defiances of the King’s Courts. Punishment for unlawful Distresses. E+W

Whereas at the time of a Commotion late stirred up within this Realm, and also sithence, many great Men, and divers other, [X1 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; and further, some of them [X2 would not be justified] by the King’s Officers, nor [X3 would] suffer them to make Delivery of such Distresses as they had taken of their own Authority (X4 ); It is Provided, agreed, and granted, that all Persons, as well of high as of low Estate, shall (X5 ) receive Justice in the King’s Court; and none from henceforth shall take any such Revenge or Distress of his own Authority, without Award of [X6 our] Court, though he have Damage or Injury, whereby he would have amends of his Neighbour either higher or lower.

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; 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; and nevertheless sufficient and full Amends shall be made to them that have sustained Loss by such Distresses.

Editorial Information

X1 Variant reading of the text noted in The Statutes of the Realm as follows: have disdained to be justised

X2 Variant reading of the text noted in The Statutes of the Realm as follows: will not be justised

X3 Variant reading of the text noted in The Statutes of the Realm as follows: will

X4 Variant reading of the text noted in The Statutes of the Realm as follows: at their own Pleasure

X5 Variant reading of the text noted in The Statutes of the Realm as follows: do, and

X6 Variant reading of the text noted in The Statutes of the Realm as follows: the King's