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Chapter 9 - OTHER MECHANISMS FOR THE ENFORCEMENT OF CHAPTER 9; OTHER REFORMS AFFECTING THE LORD–TENANT RELATIONSHIP

Published online by Cambridge University Press:  16 June 2009

Paul Brand
Affiliation:
All Souls College, Oxford
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Summary

The previous chapter told what constitutes the largest part of the story of the enforcement of chapter 9 of the Statute of Marlborough after 1267, that of the development and use of the action of contra formam feoffamenti during the following four decades. This chapter looks at a number of other aspects of that history: the continued failure to create the statutory action for lords envisaged by the legislation; the early fourteenth-century developments which saw the rules about entitlement to suit of court laid down by the legislation applied in the non-statutory action of replevin and a significant reinterpretation of the statutory provisions barring any claims for additional services from those enfeoffed to hold for a fixed, specific service; and the creation and application of actions to give effect to that part of chapter 9 which governed liability for the performance of suit in the event of the division of a tenement obliged to perform suit of court. It also looks briefly at the post-1267 history of a second reform that was intended to provide protection to tenants against the abuse of their rights by lords. What became chapter 16 of the Statute of Marlborough allowed tenants to recover damages in the assize of mort d'ancestor and its congeners, if they had to bring these actions to secure the return of lands which had been held in wardship or by right of primer seisin.

Type
Chapter
Information
Kings, Barons and Justices
The Making and Enforcement of Legislation in Thirteenth-Century England
, pp. 250 - 281
Publisher: Cambridge University Press
Print publication year: 2003

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