Kings, Barons and Justices: The Making and Enforcement of Legislation in Thirteenth-Century England

ISBN-13: 9780521372466 / Angielski / Twarda / 2003 / 534 str.

Paul Brand; Rosamond McKitterick; Christine Carpenter

Opis

This book consists of a study of two important and related pieces of thirteenth-century English legislation--the Provisions of Westminster of 1259 and the Statute of Marlborough of 1267. In establishing the political and legal context of these statutes and examining the process of drafting them, the volume utilizes an exceptionally wide range of manuscript sources. Revealing how the legislation was used and interpreted up to 1307, it is the first major work on any of the statutes in this period of major legislative change.

Recenzje

'This work is built upon a deep understanding of a very substantial, and often intractable, archive: indeed, few, if any, previous commentators have had such a command of the primary material as Brand … never before has the historical background to crucial developments in English common law been so revealingly and sensitively elucidated … richly rewarding … a fundamental examination of the medieval legislative process and a major contribution to our understanding of politics and law in thirteenth-century England.' Brian Golding, University of Southampton

Spis treści

Introduction; Part I. Politics and the Legislative Reform of the Common Law: 1. The making of the Provisions of Westminster: the process of drafting and their political context; 2. The making of the Provisions of Westminster: the social and legal context and the evolution of the individual clauses (i); 3. The making of the Provisions of Westminster: the social and legal context and the evolution of the individual clauses (ii); 4. Enforcement of the Provisions of Westminster during the initial stages of their existence, 1259–63; 5. The revision and reissuing of the Provisions, 1263–4; 6. The revised Provisions in action, 1263–7; 7. The final revision and reissue of the Provisions of Westminster: the Statute of Marlborough of 1267; Part II. Beyond Politics: The Enforcement and Interpretation of the Statute of Marlborough in the Courts, 1267–1307: 8. Contra formam feoffamenti: the statutory action for tenants contesting liability to suit of court after 1267; 9. Other mechanisms for the enforcement of chapter nine; other reforms affecting the lord-tenant relationship; 10. Reforms in the criminal justice system; 11. Reforms in the procedures of the Royal Courts; 12. The extension of existing remedies; 13. Enforcing the accountability of socage guardians; 14. Controlling the use of distraint; 15. Remedying abuses in the operation of local courts; 16. Conclusions; Appendices; Bibliography; Index.