By Dr Paul Brand

This e-book contains a examine of 2 very important and comparable items of thirteenth-century English legislation--the Provisions of Westminster of 1259 and the Statute of Marlborough of 1267. In setting up the political and felony context of those statutes and interpreting the method of drafting them, the amount makes use of a really wide selection of manuscript assets. Revealing how the laws was once used and interpreted as much as 1307, it's the first significant paintings on any of the statutes during this interval of significant legislative swap.

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

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36 33 35 36 34 DBM, p. 98. Treharne, Baronial Plan, pp. 75–6. DBM, pp. 112–15. The articles of enquiry given to the four knights are to be found in Matthaei Parisiensis Chronica Majora, vi, 397–400. It is not, however, clear whether they were meant to be exhaustive or whether the four knights still had (as their commission suggests) a wider power to enquire into ‘all excesses, trespasses and wrongs . . done to whatever persons by anyone’. Andrew N. Hershey, ‘Success or Failure? Hugh Bigod and Judicial Reform during the Baronial Movement, June 1258–February 1259’ in Thirteenth Century England V , ed.

Pp. 66, 69–70, 83–4. Philadelphia Free Library, Hampton L. Carson Collection, MS. 3, fols. 202r–v. For descriptions of this MS. H. Baker, English Legal Manuscripts in the United States of America, part 1: Medieval and Renaissance (Selden Society, 1985), no. 162, pp. 57–8 and Brand, MCL, p. 337. The text itself is undated, but for the arguments for supposing that it is a preliminary draft of the Latin version of the Providencia Baronum published in March 1259 and therefore most probably produced for discussion at the February 1259 session of parliament see Brand, MCL, pp.

It is, however, clear that the drafters saw their task as being much more than simply turning the grievances and demands for remedies contained in the various clauses of the Petition of the Barons into legislation. In most cases they took them as no more than a starting-point for the legislation they drafted. Clause 5 of the draft legislation, for example, on exemptions from attendance at the sheriff ’s tourn, while clearly related to clauses 17 and 18 of the Petition of the Barons, is much more than simply a translation of those complaints into draft legislation.

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