Gavin Howe
The Statute of Marlborough, passed in 1267, is the oldest law in the UK. It established the common law in England, including the principle of due process, the right to a fair trial, and the requirement that legal disputes be resolved by a jury. The statute comprised 29 chapters, four of which are still in force.
| Characteristics | Values |
|---|---|
| Name | Statute of Marlborough |
| Year | 1267 |
| Chapters | 29 |
| Chapters still in force | 4 |
| Chapters repealed | 7, 8, 16, 22, 24, 26, 27, 29 |
| Chapters under consideration for repeal | 4, 15 |
| Prohibitions | Seeking damages without a court order, taking distress outside of one's jurisdiction |
| Established | Common law in England, the principle of due process, the right to a fair trial, the requirement that legal disputes be resolved by a jury |
Explore related products
What You'll Learn
Statute of Marlborough, 1267
The Statute of Marlborough, passed in 1267, is the oldest piece of statute law in the United Kingdom still in force as of 2023. It was passed by the Parliament of England during the reign of Henry III and comprised 29 chapters, of which only four are still in force.
The statute is named after the place it was passed—Marlborough in Wiltshire, where a Parliament was being held. The full title of the act passed was Provisiones fact[a]e ap[u]d Marleberg[em], p[rae]sent[e] D[omi]no Rege H[enrico] & R[icardo] Rege Ale[manoru]m, & D[omi]no Edwardo fil[io] ejusde[m] H[enrico] R[ege] Primogen[u]it, & D[omi]no Octobono tunc legato in Angli[a]. This translates to 'Provisions made at Marlborough in the Presence of our lord King Henry, and Richard King of the Romans, and the Lord Edward eldest son of the said King Henry, and the Lord Ottobon, at that Time Legate in England'. The preamble claimed that its purpose was peace, justice, and the removal of dissent from the realm.
The four surviving chapters of the statute are now cited as two acts: the Distress Act 1267 and the Waste Act 1267. The Distress Act states that anyone seeking reimbursement for damages must do so through the courts. The Waste Act ensures that tenants do not lay waste, sell, or ruin their lands and other resources without special permission.
Some of the chapters that have been repealed over the years include legislation on suits of court, sheriff's tourns, ‘beaupleader’ fines, real actions, juries, guardians in socage, and amercements for default of summons.
Lucrative Legal Careers: India's Highest-Paid Law Fields
You may want to see also
Explore related products
Common law in England
The Statute of Marlborough, passed in 1267 under the reign of Henry III, is considered the oldest piece of statute law in the United Kingdom that is still in force as of 2025. It established the common law in England, including the principle of due process, the right to a fair trial, and the requirement that legal disputes be resolved by a jury. The statute originally consisted of 29 chapters, four of which remain in force today. These chapters constitute the oldest statute law in the UK, predating the incorporation of the Magna Carta into English law.
The development of common law in England has been influenced by various factors over the centuries. The Anglo-Norman legal system, which superseded Anglo-Saxon law following the Battle of Hastings in 1066, laid the foundation for common law. The 12th and 13th centuries saw significant advancements, influenced by Roman law and the Bologna revival of Roman law, which reached England during this period. The study of civil and canon law during these centuries also contributed to the evolution of common law.
Covenant University: Law Degree Availability
You may want to see also
Explore related products
Magna Carta, 1297
The original version of the Magna Carta was drawn up in 1215, but it was not copied into the statute rolls to become law until 1297. The 1297 document represents the transition of the Magna Carta from a brokered agreement to the foundation of English law.
The 1297 Magna Carta was issued by King Edward I, who reissued the Charters of 1225 in return for a new tax. The nobles had armed themselves against him, so Edward issued his confirmation of the Magna Carta and the Forest Charter to avoid civil war. This version remains on the statute book today, although with most articles now repealed.
The 1297 document enshrined three clauses of the original 1215 charter, which still remain in force in England and Wales. These clauses established the principle of the rule of law and limited the power of the monarch by granting certain rights and freedoms to the people. The Magna Carta also guaranteed due process of law, freedom from arbitrary imprisonment, trial by a jury of peers, and other fundamental rights.
The Magna Carta has remained a powerful, iconic document, even though almost all of its content was repealed from the statute books in the 19th and 20th centuries. It still forms an important symbol of liberty today, often cited by politicians and campaigners, and is held in great respect by the British and American legal communities.
Maryland License Plate Laws: What You Need to Know
You may want to see also
Explore related products
![The Oldest Code of Laws in the World 1911 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
![Death Valley Days:The Oldest Law [VHS]](https://m.media-amazon.com/images/I/21RHMZ1F9CL._AC_UY218_.jpg)
Statute of Westminster, 1275
The Statute of Westminster, 1275, also known as the Statute of Westminster I, was drafted by Robert Burnell and passed during the reign of Edward I. It was the first of three Statutes of Westminster, important in medieval English history, issued in "parliaments" held by Edward I at Westminster.
The Statute of Westminster of 1275 codified existing law in England into 51 chapters. It set out the legal procedure for bringing criminal charges and introduced the concept of "treason" as a criminal offence. It was written in Old French and issued at Edward's first "general" parliament, which was attended by representatives of the commons.
Chapters 5 (mandating free elections) and 50 (which provided savings for the crown) are still in force in the United Kingdom and the Australian state of Victoria, while part of Chapter 1 remains in force in New Zealand. It was repealed in Ireland in 1983.
The statute's language recalls that of Canute or Alfred and anticipates that of modern times. It upholds the principle of common right, stating that justice should be done for all, regardless of wealth or status. It also emphasises the importance of free elections, protecting them from any disturbance caused by force, malice, or menace.
The Statute of Westminster 1275 is a significant piece of legislation in English legal history, providing a comprehensive code of laws that covered a wide range of topics and established important legal principles.
The Law of Gravity: A Universal Attraction
You may want to see also
Explore related products
Quia Emptores, 1290
Quia Emptores is a statute passed by the Parliament of England in 1290 during the reign of Edward I. The name is derived from the first two words of the statute in its original medieval Latin, which translates to "because the buyers". The long title of the statute is "A Statute of our Lord The King, concerning the Selling and Buying of Land". It is also cited as the Statute of Westminster III.
The statute regulated the sale of land and established the principle of subinfeudation, which allowed tenants to sublet or sell their land. It prevented tenants from alienating (transferring) their lands to others by subinfeudation, instead requiring them to do so by substitution. Subinfeudation was the process by which one tenant granted land to another, who then considered the grantor his lord. This created a pyramid-like structure of tenants and sub-tenants, with each new tenant owing services (such as knight service, rent, and homage) to the old tenant as their overlord.
Quia Emptores ended this practice by abolishing subinfeudation and allowing all persons except the King's tenants to alienate all or part of their lands at their own pleasure. This removed the feudal restraint on tenants, who previously needed the license of their feudal lord to sell their land. The statute was intended to remedy land ownership disputes and financial difficulties that had resulted from the decline of the traditional feudal system in England during the High Middle Ages.
Quia Emptores was critical to the development of English law regarding real property and the establishment of the right of free alienation. It hastened the end of feudalism in England, although the system had already been in decline for some time.
Special Laws in India: An Overview
You may want to see also
Frequently asked questions
The oldest law in the UK is the Statute of Marlborough, which was passed in 1267.
The Statute of Marlborough established the common law in England, including the principle of due process, the right to a fair trial, and the requirement that legal disputes be resolved by a jury.
The Statute of Marlborough originally comprised 29 chapters, of which only four are still in force as of 2025.
The remaining chapters of the Statute of Marlborough are Chapters 4 and 15, which cover debt collection, and Chapters 21 and 22, which deal with the return of wrongfully taken livestock and the requirements for distraint against a freeholder.
