Kings, Barons and Justices: The Making and Enforcement of Legislation in Thirteenth-Century England / Edition 4

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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.

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Editorial Reviews

From the Publisher
"This book provides a detailed reconstruction of the enactment and enforcement of the two most important English statutes enacted during the reign of Henry III (1216-72): the Provisions of Westminster (1259) and the Statute of Marlborough (1267)." Albion, R. H. Helmholz

"Brand's book shows why no one before him has given this legislation the attention that it deserves. To do what he has done requires a mastery of a formidable range of unplublished sources." - Charles Donahue, Jr., Harvard University

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Product Details

Meet the Author

Dr Paul Brand is Senior Research Fellow, All Souls College, Oxford.

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Table of Contents

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.

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