The Statute of Marlborough 1267 [Distress]

Whereas at the time of a Commotion late stirred up within this Realm, and also sithence, many great Men, and divers other, X1refusing 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 X2would not be justified by the King’s Officers, nor X3would 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 X6our 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.

None from henceforth shall cause any Distress that he hath taken, to be driven out of the County where it was [taken]; 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; nevertheless, if the Lord Presume so to do against his Tenant, he shall be grievously punished by Amerciament.

Moreover, Distresses shall be reasonable, and not too great; and he that taketh X1great and unreasonable Distresses, shall be grievously amerced for the Excess of such Distresses.

It shall be lawful for no Man from henceforth, for any manner of cause, to take Distresses out of his Fee, nor in the King’s Highway, nor in the common Street, but only to the King or his Officers, [having special authority to do the same.]