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 12 - THE EXTENSION OF EXISTING REMEDIES
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
Most of the remedies whose creation was authorised by the Provisions of Westminster or by the Statute of Marlborough bear clear witness to that statutory authorisation in their wording. But not all. One obvious exception is the new writs of entry in the post whose creation was authorised in one of the new clauses added to the Provisions of Westminster when they were reissued in 1263 and which was itself reissued in 1267 without amendment as chapter 29 of the Statute of Marlborough. The other obvious exceptions are the various actions for ecclesiastical plaintiffs whose creation was authorised by one of the other new clauses also added to the Provisions in 1263 and which then became chapter 28 of the Statute of Marlborough. These allowed them to bring actions of trespass for goods and chattels taken from the possession of their predecessors and to bring actions to recover possession of lands and other property which their predecessors had held at the time of their death. In both cases, the general remedy was not new. What was new was a significant extension of the reach of that existing remedy. There is also a third possible example: the extension of the writ of waste to cover waste committed by lessees. This may have been implicitly authorised by clause 20 of the Provisions of Westminster of 1259, which was enacted with only minor additions as part of chapter 23 of the Statute of Marlborough in 1267.
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- Kings, Barons and JusticesThe Making and Enforcement of Legislation in Thirteenth-Century England, pp. 336 - 347Publisher: Cambridge University PressPrint publication year: 2003