Distress Act 1267 (c.4)

by the English Parliament

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

Distress Act 1267 (c.4)

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

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 Distress shall not be driven out of the County. And it shall be reasonable.

None from henceforth shall cause any Distress that he hath taken, to be driven out of theCounty where it was taken;

(2) and if one Neighbour do so to another of his own Authority, and without Judgment, he shall make Fine (as above is said) as for a Thing done against the Peace:

(3) Nevertheless, if the Lord presume so to do against his Tenant, he shall be grievously punished by Amerciament.

(4) Moreover, Distresses shall be reasonable, and not too great.

(5) And he that taketh great and unreasonable Distresses, shall be grievously amerced for the Excess of such Distresses.'

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

Fitz. Bar. 120, 275.

29 Ed. 3. c. 23.

N. B. This seems to be a mistaken Reference, there being no Stat. in 20th of Ed. 3. Kel. 50.

Enforced by 3 Ed. 1. c. 16.

Enforced and amended by 1 & 2 P. & M. c. 12. Distresses shall be reasonable. Enforced by 28 Ed. 1. stat. 3. c. 12. 2 Inst. 106. See the References to Chap. 1.

1. For must be observed, read may be preserved.