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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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

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ISBN13: 9780521025850
ISBN: 0521025850
Published: April 2006
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback Reissue
Price: £67.00
Hardback edition price on application, ISBN13 9780521372466

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This book is 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 - and is the first on any of the statutes of this period of major legislative change. The Provisions of Westminster were the first major legislation enacted in England after Magna Carta, when Henry III surrendered control of government to a baronial council with an agenda of institutional reform. The Provisions were revised and reissued by the king in 1263, and a further revision in 1267 produced the Statute of Marlborough. Exceptionally good surviving documentation is used to follow the evolution of the individual clauses from initial suggestions for reform, through a series of drafts, to the various versions of the final texts.

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Legal History
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