Book contents
- Frontmatter
- Contents
- List of tables
- Preface
- List of abbreviations
- INTRODUCTION
- Part I Politics and the legislative reform of the common law: from the Provisions of Westminster of 1259 to the Statute of Marlborough of 1267
- Part II Beyond politics: the enforcement and interpretation of the Statute of Marlborough in the courts, 1267–1307
- Chapter 8 CONTRA FORMAM FEOFFAMENTI: THE STATUTORY ACTION FOR TENANTS CONTESTING LIABILITY TO SUIT OF COURT AFTER 1267
- Chapter 9 OTHER MECHANISMS FOR THE ENFORCEMENT OF CHAPTER 9; OTHER REFORMS AFFECTING THE LORD–TENANT RELATIONSHIP
- Chapter 10 REFORMS IN THE CRIMINAL JUSTICE SYSTEM
- Chapter 11 REFORMS IN THE PROCEDURES OF THE ROYAL COURTS
- Chapter 12 THE EXTENSION OF EXISTING REMEDIES
- Chapter 13 ENFORCING THE ACCOUNTABILITY OF SOCAGE GUARDIANS
- Chapter 14 CONTROLLING THE USE OF DISTRAINT
- Chapter 15 REMEDYING ABUSES IN THE OPERATION OF LOCAL COURTS
- Chapter 16 CONCLUSIONS
- Appendix I TEXT AND TRANSLATION OF THE PROVISIONS OF WESTMINSTER OF 1259
- Appendix II TEXT AND TRANSLATION OF THE PROVISIONS OF WESTMINSTER AS REISSUED IN 1263 AND 1264
- Appendix III TEXT AND TRANSLATION OF THE STATUTE OF MARLBOROUGH OF 1267
- Bibliography
- Index
- Cambridge Studies in Medieval Life and Thought Fourth series
Chapter 14 - CONTROLLING THE USE OF DISTRAINT
Published online by Cambridge University Press: 16 June 2009
- Frontmatter
- Contents
- List of tables
- Preface
- List of abbreviations
- INTRODUCTION
- Part I Politics and the legislative reform of the common law: from the Provisions of Westminster of 1259 to the Statute of Marlborough of 1267
- Part II Beyond politics: the enforcement and interpretation of the Statute of Marlborough in the courts, 1267–1307
- Chapter 8 CONTRA FORMAM FEOFFAMENTI: THE STATUTORY ACTION FOR TENANTS CONTESTING LIABILITY TO SUIT OF COURT AFTER 1267
- Chapter 9 OTHER MECHANISMS FOR THE ENFORCEMENT OF CHAPTER 9; OTHER REFORMS AFFECTING THE LORD–TENANT RELATIONSHIP
- Chapter 10 REFORMS IN THE CRIMINAL JUSTICE SYSTEM
- Chapter 11 REFORMS IN THE PROCEDURES OF THE ROYAL COURTS
- Chapter 12 THE EXTENSION OF EXISTING REMEDIES
- Chapter 13 ENFORCING THE ACCOUNTABILITY OF SOCAGE GUARDIANS
- Chapter 14 CONTROLLING THE USE OF DISTRAINT
- Chapter 15 REMEDYING ABUSES IN THE OPERATION OF LOCAL COURTS
- Chapter 16 CONCLUSIONS
- Appendix I TEXT AND TRANSLATION OF THE PROVISIONS OF WESTMINSTER OF 1259
- Appendix II TEXT AND TRANSLATION OF THE PROVISIONS OF WESTMINSTER AS REISSUED IN 1263 AND 1264
- Appendix III TEXT AND TRANSLATION OF THE STATUTE OF MARLBOROUGH OF 1267
- Bibliography
- Index
- Cambridge Studies in Medieval Life and Thought Fourth series
Summary
Several chapters of the Statute of Marlborough were concerned with controlling the use of distraint. We have already looked in detail at the enforcement of chapter 9, whose main concern was with the use of distraint to enforce the performance of suit of court, and which attempted to control it by enacting special rules about when lords were entitled to use distraint for this purpose and by giving tenants a special statutory action to enforce those rules. We have also looked at how in the early fourteenth century those same special rules from chapter 9 came to be applicable also in the common law action of replevin when the tenant was contesting his lord's use of distraint, though only if the tenant wanted to invoke them, and at how the statutory provisions included in the same chapter, restricting lords in the services they could claim from tenants whose charter specified the performance of a fixed service ‘for all service’, also came around the same time to be enforced through the same action and again in connexion with the lord's use of distraint to enforce the performance of additional services. This chapter will look at the enforcement of the various other chapters of the same Statute which were also concerned with the use and possible abuse of the right of distraint.
- Type
- Chapter
- Information
- Kings, Barons and JusticesThe Making and Enforcement of Legislation in Thirteenth-Century England, pp. 362 - 377Publisher: Cambridge University PressPrint publication year: 2003