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

Kings, Barons and Justices

The Making and Enforcement of Legislation in Thirteenth-Century England

Hardcover

Published: 15th September 2003
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This book is 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 - and is the first on any of the statutes of this period of major legislative change. The Provisions of Westminster were the first major legislation enacted in England after Magna Carta, when Henry III surrendered control of government to a baronial council with an agenda of institutional reform. The Provisions were revised and reissued by the king in 1263, and a further revision in 1267 produced the Statute of Marlborough. Exceptionally good surviving documentation is used to follow the evolution of the individual clauses from initial suggestions for reform, through a series of drafts, to the various versions of the final texts.

'Paul Brand is rightly considered to be among the foremost scholars of medieval English legal history working today, and this book demonstrates why ... Brand provides a meticulous and perceptive analysis of the workings of royal justice, drawing on an impressive array of published and unpublished materials ... This book is not for the general reader, but anyone who seeks a better understanding of how law, legislation and juridical administration work in practice will find this a well-written, perceptive, intelligent and frequently stimulating piece of research, with important new insights, and with a focus that seeks to encompass a wide range of social, political and legal issues.' Bjorn Weiler, University of Wales, Aberystwyth, History '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

Introduction
Politics and the Legislative Reform of the Common Law
The making of the Provisions of Westminster: the process of drafting and their political context
The making of the Provisions of Westminster: the social and legal context and the evolution of the individual clauses (i)
The making of the Provisions of Westminster: the social and legal context and the evolution of the individual clauses (ii)
Enforcement of the Provisions of Westminster during the initial stages of their existence, 1259âÇô63
The revision and reissuing of the Provisions, 1263âÇô4
The revised Provisions in action, 1263âÇô7
The final revision and reissue of the Provisions of Westminster: the Statute of Marlborough of 1267
Beyond Politics: The Enforcement and Interpretation of the Statute of Marlborough in the Courts, 1267âÇô1307
Contra formam feoffamenti: the statutory action for tenants contesting liability to suit of court after 1267
Other mechanisms for the enforcement of chapter nine; other reforms affecting the lord-tenant relationship
Reforms in the criminal justice system
Reforms in the procedures of the Royal Courts
The extension of existing remedies
Enforcing the accountability of socage guardians
Controlling the use of distraint
Remedying abuses in the operation of local courts
Conclusions
Appendices
Bibliography
Index
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780521372466
ISBN-10: 0521372461
Series: Cambridge Studies in Medieval Life and Thought: Fourth Series
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 534
Published: 15th September 2003
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 22.8 x 15.2  x 2.9
Weight (kg): 0.88
Edition Number: 4