Statutes of the Exchequer 1322
1322 CHAPTER 0 15 Edw 2 temp incert
X1X2X3The STATUTES of the EXCHEQUER.
Editorial Information
X1In those Editions which continue the Statutes beyond Edward II. several Articles have been placed between the Reigns of Edward II. and Edward III. under the Head of “Certain Statutes made during the Reigns of K. Henry III. K. Edward I. or K. Edward II. but uncertain when or in which of their Times.” The Number and Nature of the Articles so classed vary in the several Editions. Under the present Head (as printed in Statutes of the Realm) are now arranged all such Articles, the exact Date whereof appears uncertain, but which have been uniformly considered as made previous to Edward III. and which have been admitted either into any Edition of the Antiqua Statuta, or into any general Collection of the Statutes.
X2Two separate Articles intituled "Districtiones (or De Districtione) Scaccarii," and "Statutum de Scaccario" have most generally been attributed to the 51st Year of King Henry III; and in the modern Printed Copies have been distinguished as Statutes 4 and 5 of that Year. In Rastall's Collection, Edit. 1603, it is suggested that they were made in the Reign of Edward I. and this seems confirmed by the Reference to the "Statutum de Scaccario" in the Statute of 16 Ed. II. relating to the Form of sending Estreats into the Exchequer. The Various Readings marked MS. Cott. are from the Cotton MS. Claudius D.2. fo. 224. from whence these Articles were printed by Cay.
X3The original text of this Act was not modern English. The traditional translation appears first with obsolete characters modernised. The original text (as an image) appears second.
Distresses of the Exchequer.The Owner may feed his Cattle impounded. Sale of Distress. No Distress shall be taken of ploughing Cattle, or Sheep. Distress shall be reasonable. Forasmuch as the Commonalty of the Realm hath sustained great Damage by wrongful taking of Distresses, which have been made by Sheriffs, and by other the King’s Bailiffs, for the King’s Debt, or for any other Cause: It is therefore provided [and ordained,] that when a Sheriff, or any other Man doth take the Beasts of other, they to whom the Beasts do belong may give them their Feeding without Disturbance, so long as they be impounded, without giving any Thing for their keeping. And that the Beasts, nor no other Distress taken for the King’s Debt, nor for any other Cause, be [given ne] sold within fifteen Days after the Taking.
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Yet it is provided, that no Man of Religion, nor other, shall be distrained by his Beasts that gain his Land, nor by his Sheep, for the King’s Debt, nor the Debt of any other Man, nor for any other Cause, by the King’s [X4or other Bailiffs][X5but until they can find another Distress,] or Chattels sufficient whereof they may levy the Debt, or that is sufficient for the Demand; except impounding of Beasts that a Man findeth in his Ground damage-feasant, (X6) after the Use and Custom of the Realm. And that such Distresses be reasonable, after the Value of the Debt or Demand, [X7and by the Estimation of Neighbours, and not by Strangers,] and not outrageous.
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Editorial Information
X4Variant reading of the text noted in The Statutes of the Realm as follows: Bailiffs or by any other Man
X5Variant reading of the text noted in The Statutes of the Realm as follows: so long as they can find any other Distress
X6Variant reading of the text noted in The Statutes of the Realm as follows: which a Man may impound
X7Variant reading of the text noted in The Statutes of the Realm as follows: and after convenient estimation,
Textual Amendments
F1Words repealed by Statute Law Revision Act 1863 (c. 125)