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List Of Acts Of The Parliament Of England, 1225–1267

English, Scottish, Irish and Great Britain legislation Acts of parliaments of states preceding the United Kingdom

Of the Kingdom of England

Royal statutes, etc. issued before the development of Parliament

Interregnum (1642–1660)

Of the Kingdom of Ireland

Of the Kingdom of Scotland

Rescinded (1639–1651)

Of the Kingdom of Great Britain

Introduction to Early English Parliamentary Legislation (1225–1267)

Welcome to a rather dry, yet undeniably foundational, journey through the legislative landscape of the Kingdom of England during a tumultuous period. This list compiles the Acts of parliaments enacted by the nascent Parliament of England from the year 1225 through to 1267. For those seeking clarity amidst the historical dust, this period marks a critical juncture in the evolution of English common law and parliamentary authority, under the often-strained reign of King Henry III. It was a time when the concept of a "parliament" was still very much in flux, a far cry from the sophisticated legislative bodies that would eventually emerge.

One might imagine that law-making in the 13th century was a straightforward affair, a monarch simply dictating terms. But even then, the wheels of state ground slowly, often inconsistently, and with a distinct lack of the meticulous record-keeping we now take for granted. These early statutes, therefore, represent not just legal pronouncements but tangible markers of a developing governmental structure, reflecting the ongoing struggle between the Crown and its increasingly assertive magnates.

For those whose historical interests extend beyond the purely English sphere, it's worth noting the parallel, if distinct, legislative developments in other realms that would eventually coalesce into the United Kingdom. Acts passed during the period 1707–1800, after the Acts of Union 1707 created a new political entity, are cataloged separately under the list of acts of the Parliament of Great Britain. Similarly, the distinct legal traditions and legislative outputs of the list of acts of the Parliament of Scotland and the list of acts of the Parliament of Ireland offer their own fascinating, if occasionally overlapping, narratives.

Looking further ahead, the legislative efforts from 1801 onwards, following the Acts of Union 1800 that formed the United Kingdom, are documented in the list of acts of the Parliament of the United Kingdom. And in our perpetually fragmenting modern era, the various devolved parliaments and assemblies within the United Kingdom—such as the list of acts of the Scottish Parliament, the list of acts of the Northern Ireland Assembly, and the list of acts and measures of Senedd Cymru—each maintain their own legislative chronicles. Lest we forget the historical precursor to Northern Ireland's current assembly, the list of acts of the Parliament of Northern Ireland also holds its place in this sprawling legal genealogy.

It's also crucial to distinguish these formal Acts of parliament from earlier or less formal pronouncements. For a comprehensive understanding of medieval statutes and other legal instruments that predate or do not strictly qualify as acts of Parliament in the modern sense, one should consult the broader list of English statutes. Consider it the legislative equivalent of a prehistoric fossil record – fascinating, but not quite the sophisticated species that followed.

Understanding the Arcane Art of Citation

Navigating these ancient legal texts requires a certain tolerance for historical quirks and inconsistencies, as if the past enjoys playing tricks on contemporary researchers. The chapter number, typically a simple Arabic numeral, follows each act's title. This number is then traditionally preceded by the year(s) of the monarch's reign during which the relevant parliamentary session was convened. For instance, the renowned Union with Ireland Act 1800 is formally cited as "39 & 40 Geo. 3. c. 67". This translates to the 67th act passed during the parliamentary session that commenced in the 39th year of King George III's reign and concluded in his 40th year. One must appreciate the bureaucratic elegance of such a system, even if it feels like a relic from a bygone era where precision was measured in regnal cycles rather than calendar years.

A minor, yet notable, modern convention dictates the use of Arabic numerals in citations (e.g., "41 Geo. 3" rather than the more archaic "41 Geo. III"). This small concession to modernity, however, does little to simplify the fact that acts from the very last session of the Parliament of Great Britain and the inaugural session of the Parliament of the United Kingdom both bear the same citation: "41 Geo. 3." A delightful little anomaly, ensuring that historical clarity remains an elusive butterfly.

Adding another layer of complexity, early acts passed by the Parliament of England were not initially blessed with a succinct short title. These convenient labels, which allow for easier reference, were often retroactively assigned by later acts of the Parliament of the United Kingdom. A prime example is the Short Titles Act 1896, which, with a stroke of legislative genius, tidied up centuries of untidy nomenclature.

Furthermore, a peculiarity of medieval legal practice was the convention that acts were deemed to have come into effect on the very first day of the parliamentary session in which they were passed. This means that the calendar year or years associated with an act in this list might, counter-intuitively, precede the actual date of its formal enactment. It's almost as if they enjoyed making things unnecessarily complicated, a tradition that, frankly, hasn't entirely died out.

1225 (9 Hen. 3)

This particular parliamentary session is also traditionally referenced in historical texts as 9 H. 3. It marks an early and significant moment in English legislative history, falling within the ninth year of the reign of Henry III.

While specific acts from this session are often attributed, it's worth noting that some of the most monumental documents of this era, such as the seminal Magna Carta and the companion Charter of the Forest (Charta Foresæ), though frequently cited as 9 Hen. 3 in historical compilations like The Statutes at Large, are more accurately associated with a later confirmation under 25 Edw. 1. This illustrates the sometimes fluid nature of legal codification and reaffirmation in the medieval period, where a significant charter might be reissued or confirmed multiple times, leading to various dating conventions. The original Magna Carta was, of course, first issued in 1215, but its various reissues and confirmations, particularly in 1217 and 1225, solidified its place as fundamental law. The 1225 reissue, in exchange for a grant of taxation, was particularly significant as it was incorporated into the common law.

1229 (14 Hen. 3)

This session is also traditionally cited as 14 H. 3, placing it squarely in the fourteenth year of Henry III's reign.

It is here that we find references to the Statutum Hibernie de Coheredibus, or the "Statute of Ireland concerning Coparceners." While The Statutes at Large attributes this to 14 Hen. 3, giving the year as 1229, historical analysis generally places its formal inclusion or re-affirmation within the context of 20 Hen. 3, the session of 1235. This discrepancy is a perfect example of how the labyrinthine paths of historical legal documentation can lead to differing chronological assignments for what are essentially the same legal principles. It speaks volumes about the challenges of consolidating and cataloging laws from a time when legislative processes were far from standardized.

1235 (20 Hen. 3)

A significant moment in English legal history, this Parliament of King Henry III convened at Merton, London (parish) on 23 January 1236. The session is also traditionally cited as 20 H. 3. This assembly produced what is arguably the most famous piece of legislation from this early period, the Provisiones de Merton, universally known as the Statute of Merton. This statute, often considered a landmark, represents one of the earliest comprehensive attempts by Parliament to address a range of social and legal issues, reflecting the evolving relationship between the king, the church, and the baronage.

The Statute of Merton itself comprised several distinct chapters, each tackling specific legal concerns of the day:

  • Provisiones de Merton (Provisions of Merton) – commonly known as the Statute of Merton Act 1236
    • Damages on Writ Dower Act 1235 c. 1: This chapter decreed that a woman, specifically a widow, was entitled to recover damages in a writ of dower, which concerned her right to a portion of her deceased husband's estate. A seemingly progressive measure for the time, ensuring some financial security for widows. This provision, however, proved to be less enduring than its historical significance, having been subsequently repealed for England and Wales by the Statute Law Revision and Civil Procedure Act 1881 (44 & 45 Vict. c. 59) and for Scotland and Northern Ireland by the Statute Law Revision Act 1950 (14 Geo. 6. c. 6).
    • Widow's Bequest of Corn on Her Land Act 1235 c. 2: This act granted widows the right to bequeath the crops growing on their land, a small but significant allowance in an agrarian society where land and its produce were central to wealth. It was a practical provision, acknowledging the economic realities of the time, and was eventually repealed by the Statute Law Revision Act 1948 (11 & 12 Geo. 6. c. 62).
    • (Redisseisin) c. 3: Addressed the issue of "redisseisin," which occurred when a person who had been previously dispossessed of property, and then reinstated by court order, was dispossessed again. The act prescribed inquiry into and punishment for such repeated unlawful acts. This was an attempt to provide stability to property rights, but ultimately succumbed to the march of legal reform, repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).
    • Commons Act 1236 (or the Commons Act 1235) c. 4: This chapter dealt with the rights of lords to "approve" (enclose) common lands against their tenants, specifying the conditions under which such enclosures were permissible. It was a contentious issue, balancing the interests of powerful landowners with the traditional rights of commoners, and a precursor to centuries of land enclosure debates. This act, too, met its end, repealed by the Statute Law Revision Act 1953.
    • (Usury) c. 5: This provision stipulated that usury, the practice of charging excessive interest on loans, would not "run against any within Age." Essentially, it protected minors from the compounding burden of usurious debts, a recognition of their vulnerability. Like many of its companions, it was repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).
    • (Wardship) c. 6: This section outlined the penalties for "ravishment of a ward" (abducting or improperly influencing a minor heir) and for "forfeiture of marriage, or disparagement of a ward" (arranging an unsuitable marriage for a ward). Wardship was a lucrative feudal right, and these provisions aimed to regulate abuses by guardians. Unsurprisingly, with the eventual decline of feudalism, these specific regulations became obsolete, repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).
    • (Wardship) c. 7: Further elaborating on wardship, this chapter specified the circumstances under which a ward would be compelled to pay their lord the "value of his marriage" if they refused a suitable match or married without permission. Another clear illustration of feudal economic structures, it was eventually repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).
    • (Limitation of writs) c. 8: This act established various limitations or prescription periods for different types of legal writs, setting deadlines for bringing legal actions. It was an early attempt to bring some semblance of order and finality to legal disputes. Its provisions were eventually superseded, repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).
    • (Special bastardy) c. 9: A rather blunt declaration, this chapter asserted that "He is a Bastard that is born before the Marriage of his Parents." This was a definitive statement on legitimacy, reflecting the Church's influence and the legal importance of marital status for inheritance and social standing. This foundational legal principle, while evolving in modern law, was specifically repealed by the Statute Law Revision Act 1948 (11 & 12 Geo. 6. c. 62).
    • (Attorneys in county courts) c. 10: This act permitted attorneys to "make Suit to several Courts," an early recognition of legal representation in local county courts. It was a step towards a more professionalized legal system, moving beyond individuals representing themselves. This provision was eventually repealed by the Civil Procedure Acts Repeal Act 1879 (42 & 43 Vict. c. 59).
    • (Trespassers in parks) c. 11: This chapter addressed the rights of lords to punish offenders for trespassing in their parks and ponds, but critically, it stipulated that lords "shall not imprison Offenders at their own Wills." This was a significant limitation on arbitrary baronial power, requiring due process even for minor offenses. A small but important check on feudal authority, it was repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).

Beyond the Statute of Merton, other documents from this period reflect the ongoing development of legal administration:

  • Breve de Nova Constituione Rot. Claus. 20 Hen. III. m. 18. d: This document, a writ concerning new constitutions, is listed in historical records but, with a certain telling disregard for consistency, is not included in the Chronological Table of the Statutes. A minor oversight, perhaps, or a testament to the chaotic nature of medieval record-keeping.
  • De Provisione novorum Brevium Rot. Pat. 21. Hen. III. m. 10: Similarly, this provision for new writs, recorded in the Patent Rolls, also fails to appear in the Chronological Table of the Statutes. One might infer that not every royal directive or legal innovation made it into the canonical list of parliamentary acts, highlighting the distinctions between royal prerogative and formal parliamentary legislation.

And, returning to our earlier chronological conundrum, the Statutum Hibernie de Coheredibus (Statute of Ireland concerning Coparceners), also known as the Coparceners Act 1229, is, as previously noted, cited as 14 Hen. 3 in The Statutes at Large. This act dealt with the legal intricacies of co-heirs, particularly female co-heirs, in Ireland, reflecting the extension of English legal principles into the Anglo-Norman Lordship of Ireland. It was eventually repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).

1236 (21 Hen. 3)

This session is also traditionally cited as 21 H. 3. It seems that the legislative fervor of 1235 dissipated somewhat, or perhaps the records are simply less forthcoming.

For De Anno Bissextili (Concerning the Leap Year), a rather technical, calendrical matter, cited as 21 Hen. 3 in The Statutes at Large, its true chronological home is often considered to be 40 Hen. 3. One might wonder why such a seemingly straightforward calculation of time proved so difficult to pin down consistently. It’s almost as if the scribes had better things to do than ensure perfect historical alignment.

1252 (37 Hen. 3)

This Parliament of King Henry III convened in London, beginning its deliberations on 13 October 1252. This session is also traditionally cited as 37 H. 3 or, confusingly, 38 H.3. The inconsistency in citation is, by this point, a familiar companion in the study of medieval law.

From this period emerges the:

  • Sententia Excommunicationis Lata in Transgressores Cartarum (Curse on Breakers of the Charters): This dramatic pronouncement, cited as "The Sentence of Curse given by the Bishops against the Breakers of the Great Charter (38 Hen. 3)" in The Statutes at Large, was a solemn ecclesiastical excommunication directed at anyone who dared to infringe upon the rights and liberties enshrined in Magna Carta and the Charter of the Forest. It highlights the significant role of the Church in upholding legal and constitutional principles, wielding spiritual authority to reinforce royal promises. Such a curse was no small matter in a deeply religious society, intended to strike fear into the hearts of transgressors. Despite its formidable nature, this spiritual sanction eventually lost its legal teeth, repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).
  • Protestatio Regis et Magnatum (Protest of the King and the Magnates) Rot. Pat. 37 Hen. III: This document is listed in The Statutes of the Realm, indicating its historical importance, yet it is conspicuously absent from the Chronological Table of the Statutes. This omission suggests a nuanced understanding of what constitutes a "statute" in different historical compilations—some documents, while significant pronouncements, might not have been considered formal legislative acts in the same vein as others. It's a subtle distinction that often gets lost in the pursuit of clear-cut definitions.

1256 (40 Hen. 3)

This session is also traditionally cited as 40 H. 3. Here, the focus narrows to a rather specific, if historically relevant, administrative matter:

  • Provisio de Anno Bisextili et Die (Provision for Leap Years and Days): This act, as its title suggests, laid down regulations concerning the calculation of leap years and days. In an era where agricultural cycles and religious festivals were meticulously tied to the calendar, precise calendrical rules were not merely academic; they had tangible impacts on daily life, legal deadlines, and even land tenure. Curiously, while The Statutes of the Realm correctly identifies the year as 1256, The Statutes at Large assigns it to 21 Hen. 3 (1236), and the Chronological Table of the Statutes places it in 1255. Such a trifecta of chronological disagreement is, frankly, bewildering, even for the most seasoned historian. One might assume that the medieval sense of time was, shall we say, rather flexible. This act, a testament to the importance of accurate calendrical keeping, was eventually repealed by the Civil Procedure Acts Repeal Act 1879 (42 & 43 Vict. c. 59), proving that even the most enduring administrative rules can eventually be streamlined away.

1259 (43 Hen. 3)

This session is also traditionally cited as 43 H. 3. The primary legislative output from this period offers another glimpse into the power dynamics of the time:

  • De Provisionibus factis per Regem et Consilium suum (Provisions made by the King and his Council): The Statutes of the Realm dates this to 1259, while the Chronological Table of the Statutes opts for 1258. This internal disagreement is, by now, a familiar refrain. Intriguingly, this particular set of provisions was not printed in The Statutes at Large, further complicating its historical footprint. These provisions likely represented attempts by the King and his council to address pressing governmental or legal matters, perhaps in response to baronial pressures or administrative needs, without necessarily passing through a full parliamentary session as understood later. Such acts, born from the evolving relationship between the monarch and the nascent state apparatus, were eventually deemed obsolete, repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).

1266 (51 Hen. 3)

This session is also traditionally cited as 51 H. 3. This year seems to have been a rather prolific period for legislation, although many of the referenced acts are now more commonly categorized under the broader umbrella of "Statutes of uncertain date." This categorization speaks volumes about the challenges faced by legal historians in precisely dating and attributing some of the earliest English laws. It's almost as if the scribes of the 13th century were less concerned with future archaeological precision and more with merely getting the job done.

Here are some of the acts cited as 51 Hen. 3 in The Statutes at Large, but now generally found elsewhere:

  • Assisa Panis et Cervisie (Assize of Bread and Ale), cited as 51 Hen. 3. Stat. 1: This important assize regulated the price and quality of bread and ale, fundamental staples of the medieval diet. Its inclusion in the "Statutes of uncertain date" category highlights its long-standing customary nature before formal codification.
  • Dies Communes in Banco (Common Days in Bench), cited as 51 Hen. 3. Stat. 2: This concerned the fixed days for judicial proceedings in the Court of Common Pleas (the "Bench"). These procedural rules were vital for the functioning of justice.
  • Dies Communes in Banco in placito dotis (Common Days in Bench in a Plea of Dower), cited as 51 Hen. 3. Stat. 3: A more specific procedural rule regarding dower cases, reinforcing the importance of women's property rights in legal discourse.
  • De Districtione Scaccarrii (Concerning Distress of the Exchequer), cited as 51 Hen. 3. Stat. 4: This dealt with the procedures for levying distress (seizing property) by the Exchequer for unpaid debts or fines.
  • Statutum De Scaccarrio (Statute of the Exchequer), cited as 51 Hen. 3. Stat. 5: This statute further elaborated on the administration and procedures of the Exchequer, the central financial department of the English government.
  • Judicium Pillorie (Judgment of the Pillory), cited as 51 Hen. 3. Stat. 6: This concerned the use of the pillory as a form of public punishment for various offenses, a grim but common sight in medieval towns.

Finally, "The Award made between the King and his Commons at Kenelworth," cited as 51 Hen. 3 in The Statutes at Large, is more accurately known as the Dictum de Kenilworth and is placed under the 1266 (51 & 52 Hen. 3) session, reflecting its precise historical context.

1266 (51 & 52 Hen. 3)

This particularly eventful parliamentary session of King Henry III convened at Kenilworth on 22 August 1266. This assembly was held in the aftermath of the Second Barons' War, a period of profound political upheaval and civil conflict. The session is also traditionally cited as 51 & 52 H. 3, acknowledging that its proceedings spanned across two regnal years.

The most prominent outcome of this assembly was the:

Accompanying the Dictum were other related documents that further illustrate the complexities of this post-war settlement:

1267 (52 Hen. 3)

This pivotal Parliament of King Henry III convened at Marlborough (often spelled Marleberge in contemporary texts) around 18 November 1267. This session is also traditionally cited as 52 H. 3. Coming on the heels of the political reconciliation at Kenilworth, the Marlborough Parliament aimed to restore order and re-establish royal authority through a comprehensive legal framework. The resulting legislation, the Statutum de Marleberge (Statute of Marlborough), is not merely a historical curiosity but holds the significant distinction of being the oldest piece of statute law still extant and, remarkably, still partially in force in England and Wales today. A testament to its foundational importance, surviving centuries of legal reform and societal upheaval.

The Statute of Marlborough comprises an extensive list of chapters, many of which were designed to curb the abuses of feudal lords and restore the king's peace:

  • Distress Act 1267 c. 1: Of wrongful Distresses, or Defiances of the King's Courts. Punishment for unlawful Distresses. This crucial chapter addressed the widespread problem of landlords taking excessive or unlawful "distress" (seizure of goods or property) from their tenants, and the defiance of royal court judgments. It introduced penalties for such abuses, aiming to protect tenants and uphold the authority of the royal courts. Remarkably, this provision remains still in force, a quiet echo of medieval justice in modern law.
  • (Distress) c. 2: None but Suitors shall be distrained to come to a Court. This sought to prevent lords from compelling individuals who were not legally bound as "suitors" to attend their courts, thereby limiting arbitrary power and the burden on common people. This protective measure, however, was eventually repealed by the Statute Law Revision Act 1948 (11 & 12 Geo. 6. c. 62).
  • (Resisting King's officers in replevin, etc.) c. 3: A Lord shall not pay a Fine for distraining his Tenant. This provision seemingly protected a lord from fines when distraining his tenant, though its precise interpretation and application have been subject to historical debate. It was repealed by the Statute Law Revision and Civil Procedure Act 1881 (44 & 45 Vict. c. 59).
  • Distress Act 1267 c. 4: Distresses shall not be driven out of the County. Distresses shall be reasonable. This chapter further regulated the practice of distress, prohibiting the removal of seized goods outside the county where they were taken and mandating that distresses must be "reasonable"—a vital protection against arbitrary and oppressive seizures. This chapter, like the first, remains still in force, a testament to its enduring principles of fairness and restraint.
  • (Confirmation of charters) c. 5: A Confirmation of the Great Charter, and the Charter of the Forest. This chapter formally reaffirmed the Magna Carta and the Charter of the Forest, demonstrating their continued importance as fundamental legal instruments even after the recent civil strife. It was a clear signal of the Crown's commitment to these charters, vital for rebuilding trust. This confirmation, while historically significant, was eventually repealed by the Statute Law Revision and Civil Procedure Act 1881 (44 & 45 Vict. c. 59).
  • (Wardship) c. 6: A fraudulent Conveyance to defeat a Lord of his Wardship shall be void. This provision aimed to prevent landowners from using fraudulent conveyances (transfers of property) to avoid the feudal obligations of wardship, which entitled a lord to control the lands and marriage of a minor heir. It was designed to protect the lord's financial interests. With the decline of feudal tenure, it was repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).
  • (Wardship) c. 7: Process in a Communi Custodia. Ward by reason of Ward. This chapter further refined the legal processes concerning wardship, particularly in cases involving "common custody" or complex scenarios where wardship could arise from other instances of wardship. It speaks to the intricate web of feudal rights and obligations. It was repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).
  • (Redisseisin) c. 8: The Punishment of those of commit Redisseisin. Reaffirming a principle from the Statute of Merton, this chapter reiterated the penalties for "redisseisin," the act of dispossessing someone of land a second time after they had been restored by legal judgment. It aimed to provide finality and deter repeated injustices. It was repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).
  • Suits of Court Act 1267 c. 9: Who shall do Suit of Court. Suit of Court by Coparceners. Contra formam foeffamenti. This act clarified who was obligated to attend and perform "suit of court" (service at a lord's court), including provisions for co-parceners (joint heirs) and cases where suit was owed "against the form of the feoffment" (contrary to the terms of the grant of land). It addressed fundamental aspects of feudal legal administration. It was repealed by the Statute Law Revision and Civil Procedure Act 1881 (44 & 45 Vict. c. 59).
  • (Sheriff's tourns) c. 10: Certain Persons exempt from Appearance at Sheriffs Tourns. This chapter granted exemptions for certain individuals from appearing at the "Sheriff's Tourn," a local court held by the sheriff. These exemptions would have reduced the burden of attendance on specific groups. It was repealed by the Statute Law Revision and Civil Procedure Act 1881 (44 & 45 Vict. c. 59).
  • (Beaupleader) c. 11: No Fines shall be taken for Beaupleader. This act abolished the practice of levying fines for "beaupleader" (literally "fine pleading"), which were payments exacted for minor errors or imperfections in legal pleadings. It was an important reform aimed at reducing petty corruption and making justice more accessible. It was repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).
  • Real Actions Act 1267 c. 12: Days given in Dower, Assise of Darraine Presentment, and Quare impedit. This chapter set specific timeframes ("days given") for proceedings in various "real actions" (legal actions concerning real property), including dower, the assize of darrein presentment (concerning the right to present a clergyman to a benefice), and quare impedit (also concerning advowson, the right to appoint a cleric). These provisions aimed to standardize and expedite judicial processes. It was repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1881 (35 & 36 Vict. c. 98).
  • (Essoins) c. 13: After Issue joined there shall be but one Essoin, or one Default. This act limited the number of "essoins" (excuses for non-appearance in court) or defaults allowed after a legal "issue" (a point of dispute) had been formally joined. This was a procedural reform to prevent undue delays in litigation. It was repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).
  • (Juries) c. 14: They who have Charters of Exemption must in some Cases be Sworn. This provision stipulated that even those holding royal charters of exemption from jury service could, in certain circumstances, still be compelled to serve. It aimed to ensure that juries could be properly constituted when needed. This particular regulation was eventually replaced by more modern jury laws, repealed for England and Wales by the Juries Act 1825 (6 Geo. 4. c. 50) and for Ireland by the Juries (Ireland) Act 1833 (3 & 4 Will. 4. c. 91).
  • Distress Act 1267 c. 15: In what Places Distresses shall not be taken. This act further refined distress law by specifying places where distraint was prohibited, such as public highways or the king's demesne. It sought to prevent disruption and ensure that the process was conducted in an orderly and non-oppressive manner. This chapter, like others concerning distress, remains still in force, a testament to the enduring nature of common-sense legal safeguards.
  • (Wardships, etc.) c. 16: The Heir's Remedy, if his Lord do keep him forth. The King's Primer Seisin. This chapter provided a remedy for an heir if their lord unlawfully withheld their inheritance, and also touched upon the king's "primer seisin" (the right of the Crown to take possession of a deceased tenant-in-chief's land before the heir). It sought to balance feudal rights with the protection of heirs. It was repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).
  • (Guardians in socage) c. 17: The Authority and Duty of Guardians in Socage. This act defined the powers and responsibilities of "guardians in socage," who typically managed the lands of minor heirs holding land by non-military tenure. It was a crucial piece of administrative law for the management of estates and the welfare of minors. This provision was repealed by the Statute Law Revision Act 1948 (11 & 12 Geo. 6. c. 62).
  • (Amercements for default of summons) c. 18: Who only may amerce for Default of common Summons. This chapter clarified who had the authority to impose "amercements" (fines) for failure to respond to a common summons to court, aimed at preventing unauthorized or excessive fines. It was repealed by the Civil Procedure Acts Repeal Act 1879 (42 & 43 Vict. c. 59).
  • (Plea of false judgment) c. 19: None but the King shall hold Plea of false Judgement. This affirmed the king's exclusive jurisdiction over pleas of "false judgment," meaning appeals against judgments made in lower courts. It reinforced the supremacy of royal justice. It was repealed by the Civil Procedure Acts Repeal Act 1879 (42 & 43 Vict. c. 59).
  • (Essoins) c. 20: In which Courts none shall need to swear to warrant their Essoins. This chapter specified which courts did not require an oath to "warrant" (justify) an essoin. This was another procedural detail aimed at streamlining court processes. It was repealed by the Civil Procedure Acts Repeal Act 1879 (42 & 43 Vict. c. 59). (Note: Chapters 20 and 19 appear in this order in The Statutes of the Realm and the Chronological Table of the Statutes, a minor but persistent organizational quirk).
  • (Replevin) c. 21: Who may take Replevins of Distresses. This act clarified who had the authority to grant "replevins," a legal action to recover goods that had been unlawfully distrained. It was a vital mechanism for challenging wrongful seizures. It was repealed by the Statute Law Revision and Civil Procedure Act 1881 (44 & 45 Vict. c. 59).
  • (Freeholders) c. 22: None shall compel his Freeholder to answer for his Freehold. This important provision protected freeholders from being compelled by their lords to answer for their freehold property in local courts, reserving such weighty matters for the royal courts. It was a significant safeguard of property rights against arbitrary feudal power. It was repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).
  • Waste Act 1267 c. 23: A Remedy against Accomptants. Fermors shall make no Waste. This act provided a legal remedy against "accomptants" (those who managed others' property) and, crucially, stipulated that "Fermors" (tenants who leased land for a fixed term) "shall make no Waste" (meaning they must not damage or diminish the value of the property). This was an early form of environmental and property protection, ensuring good stewardship of land. This chapter remains still in force, a surprising longevity for a concept born in the medieval era.
  • (Inquest) c. 24: For what Causes Townships ought not to be amerced. This chapter sought to limit the arbitrary amercement (fining) of entire townships, specifying legitimate causes for such fines. It was a measure to protect local communities from excessive financial burdens. It was repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).
  • (Murder) c. 25: What Kind of Manslaughter shall be adjudged Murder. This was an early attempt to define and distinguish between different forms of unlawful killing, specifically delineating what acts of "manslaughter" would be considered "murder." Such distinctions were crucial for the developing criminal law and the imposition of appropriate penalties. This foundational criminal law provision was eventually superseded by more nuanced legislation, repealed for England and Wales by the Offences Against the Person Act 1828 (9 Geo. 4. c. 31), for Ireland by the Offences Against the Person (Ireland) Act 1829 (10 Geo. 4. c. 34) and for India by the Criminal Law (India) Act 1828 (9 Geo. 4. c. 74).
  • (Real actions) c. 26: What Day shall be given to him that is vouched to Warranty. This chapter dealt with procedural timelines for those "vouched to warranty" in real actions—individuals called upon to defend another's title to land. It aimed to ensure orderly and timely legal proceedings. It was repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).
  • (Benefit of clergy) c. 27: A Clerk bailed upon a capital Offence refuseth to answer. This act addressed the complex issue of "benefit of clergy," a medieval legal privilege that allowed clerics (and later, anyone who could read) to be tried in ecclesiastical courts, which typically imposed lighter sentences, for certain offenses. This chapter specifically dealt with a cleric who, having been bailed for a capital offense, refused to answer in secular court. It highlighted the ongoing tension between secular and ecclesiastical jurisdictions. It was repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).
  • (Prelates) c. 28: Remedies for Successors of Prelates for Wrongs done to their Predecessors, &c. This chapter provided legal remedies for the successors of prelates (high-ranking clergy) to address wrongs or debts incurred by their predecessors. It was a practical measure to ensure the continuity of ecclesiastical administration and property rights. It was repealed by the Civil Procedure Acts Repeal Act 1879 (42 & 43 Vict. c. 59).
  • (Real actions) c. 29: In what Case a Writ of Entry for disseisin in the Post doth lye. This final chapter of the Statute of Marlborough delineated the conditions under which a "writ of entry for disseisin in the post" could be brought. This was a specific and technical form of legal action used to recover land from someone who had acquired it through a chain of title that originated from a wrongful dispossession (disseisin). It addressed a nuanced point of property law, showcasing the growing sophistication of the English legal system. It was repealed for England and Wales by the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) and for Ireland by the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98).

The Statute of Marlborough, in its comprehensive scope and enduring elements, stands as a monument to the pragmatic, if sometimes brutal, evolution of English law. It’s a stark reminder that some principles, like the prevention of unreasonable distress or waste, transcend the centuries, stubbornly refusing to be relegated to the dusty archives of repealed legislation.

Notes

  • ^ a b 52 Hen. 3. cc. 20 and 19 appear in this order in The Statutes of the Realm and the Chronological Table of the Statutes. A minor, yet persistent, deviation from numerical sequence that adds a dash of charming inefficiency to the historical record.

Sources

One must acknowledge the tireless efforts of those who, across centuries, have attempted to catalog and preserve these fragments of legislative history. Their work, though occasionally prone to the charming inconsistencies of the past, provides the bedrock for any understanding of these foundational legal texts.

English Wikisource has original text related to this article: Chronological Table and Index of the Statutes: Henry III

  • "52° Hen. III". The Statutes of the Realm. Vol. 1. pp. 19–25 – via HathiTrust.
  • "Anno quinquagesimo secundo Henrici III". The Statutes at Large. Vol. 1 – Magna Charta to 14 Edward III – 1225 to 1340. 16 April 1762. pp. 55–74 – via Internet Archive.
  • "Anno quinquagesimo secundo Henrici III". The Statutes at Large. Vol. 1 – Magna Charta to 14 Edward III – 1225 to 1340. Cambridge, Printed by J. Bentham. 16 April 1762. pp. 55–74 – via Internet Archive.
  • Chronological Table of and Index to the Statutes. Vol. 1: To the End of the Session 59 Vict. Sess. 2 (1895) (13th ed.). London: Her Majesty's Stationery Office. 1896. pp. 11–12 – via Google Books.
  • Chronological Table of the Statutes: Covering the Period from 1235 to the End of 1971. London: Her Majesty's Stationery Office. 1972. pp. 9–10. ISBN 978-0-11-840096-1 – via Google Books.
  • "Acts of the English Parliament from 1267". legislation.gov.uk. The National Archives.
  • "43° Hen. III". The Statutes of the Realm. Vol. 1. pp. 8–11 – via HathiTrust.
  • "40° Hen. III". The Statutes of the Realm. Vol. 1. p. 7 – via HathiTrust.
  • "Anno vicesimo primo Henrici III". The Statutes at Large. Vol. 1 – Magna Charta to 14 Edward III – 1225 to 1340. 16 April 1762. p. 32 – via Internet Archive.
  • "Anno vicesimo primo Henrici III". The Statutes at Large. Vol. 1 – Magna Charta to 14 Edward III – 1225 to 1340. Cambridge, Printed by J. Bentham. 16 April 1762. p. 32 – via Internet Archive.
  • "37° Hen. III". The Statutes of the Realm. Vol. 1. pp. 6–7 – via HathiTrust.
  • "Anno tricesimo octavo Henrici III". The Statutes at Large. Vol. 1 – Magna Charta to 14 Edward III – 1225 to 1340. 16 April 1762. p. 33 – via Internet Archive.
  • "Anno tricesimo octavo Henrici III". The Statutes at Large. Vol. 1 – Magna Charta to 14 Edward III – 1225 to 1340. Cambridge, Printed by J. Bentham. 16 April 1762. p. 33 – via Internet Archive.
  • "51° & 52° Hen. III". The Statutes of the Realm. Vol. 1. pp. 12–18 – via HathiTrust.
  • "Anno quinquagesimo primo Henrici III". The Statutes at Large. Vol. 1 – Magna Charta to 14 Edward III – 1225 to 1340. 16 April 1762. pp. 50–55 – via Internet Archive.
  • "Anno quinquagesimo primo Henrici III". The Statutes at Large. Vol. 1 – Magna Charta to 14 Edward III – 1225 to 1340. Cambridge, Printed by J. Bentham. 16 April 1762. pp. 50–55 – via Internet Archive.
  • "52° Hen. III". The Statutes of the Realm. Vol. 1. pp. 1–5 – via HathiTrust.
  • "Anno vicesimo Henrici III". The Statutes at Large. Vol. 1 – Magna Charta to 14 Edward III – 1225 to 1340. 16 April 1762. pp. 24–31 – via Internet Archive.
  • "Anno vicesimo Henrici III". The Statutes at Large. Vol. 1 – Magna Charta to 14 Edward III – 1225 to 1340. Cambridge, Printed by J. Bentham. 16 April 1762. pp. 24–31 – via Internet Archive.
  • "Anno decimo quarto Henrici III". The Statutes at Large. Vol. 1 – Magna Charta to 14 Edward III – 1225 to 1340. 16 April 1762. pp. 23–24 – via Internet Archive.
  • "Anno decimo quarto Henrici III". The Statutes at Large. Vol. 1 – Magna Charta to 14 Edward III – 1225 to 1340. Cambridge, Printed by J. Bentham. 16 April 1762. pp. 23–24 – via Internet Archive.

See also