Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-2plfb Total loading time: 0 Render date: 2024-11-25T09:39:56.986Z Has data issue: false hasContentIssue false

Chapter 14 - CONTROLLING THE USE OF DISTRAINT

Published online by Cambridge University Press:  16 June 2009

Paul Brand
Affiliation:
All Souls College, Oxford
Get access

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 Justices
The Making and Enforcement of Legislation in Thirteenth-Century England
, pp. 362 - 377
Publisher: Cambridge University Press
Print publication year: 2003

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×