Earlier this month, we celebrated the 800th anniversary of the Forest Charter, Magna Carta’s little sibling. It inspired a new Tree Charter, with accompanying events ranging from bike rides to pole launches. Today, we commemorate the Statute of Marlborough. At 750 years old, issued on 19 November 1267, it’s one of the the oldest pieces of legislation in England still in force today.
The Statute of Marlborough almost didn’t make it to this day. Only four of its twenty-nine sections are still in force. In 2014, the Law Commission made plans to scrap it altogether. The surviving sections are now known as the Distress Act and the Waste Act. The Distress Act states that anyone seeking reimbursement for damages must do so through the courts, while the Waste Act ensures that the tenants do not lay waste, sell or ruin their lands and other resources without special permission. This is still a concern in modern agriculture:
Fermors, during their Terms, shall not make Waste, Sale, nor Exile of House, Woods, Men, nor of any Thing belonging to the Tenements that they have to ferm, without special Licence had by Writing of Covenant, making mention that they may do it; which thing if they do, and thereof be convict, they shall yield full Damage, and shall be punished by Amerciament grievously.

Happy birthday, Statute of Marlborough!
19 Nov 2017 00:01

