The recognition and enforcement of debts under the statutes of Acton Burnell (1283) and Merchants (1285), 1283-1307
<p>The Recognition and Enforcement of Debts under the statutes of <em>Acton Burnell</em> (1283) and <em>Merchants</em> (1285), 1283-1307</p> Christopher McNall (Magdalen College)<br/> Thesis submitted for the degree of D.Phil<br/> Trinity Term 2000<...
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| 格式: | Thesis |
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2000
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| _version_ | 1826287503258157056 |
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| author | McNall, C |
| author_facet | McNall, C |
| author_sort | McNall, C |
| collection | OXFORD |
| description | <p>The Recognition and Enforcement of Debts under the statutes of <em>Acton Burnell</em> (1283) and <em>Merchants</em> (1285), 1283-1307</p> Christopher McNall (Magdalen College)<br/> Thesis submitted for the degree of D.Phil<br/> Trinity Term 2000<br/> <p>This thesis is about the statutes of <em>Acton Burnell</em> (1283) and <em>Merchants</em> (1285) which provided for the voluntary registration of debts before specially established registries, and sophisticated measures of execution against the defaulting debtor's person, goods, and lands.</p> <p>The introduction describes the sources for this thesis; the London Recognisance rolls; the certificates of statute merchant into the Chancery; the Plea Rolls of the Royal courts and of local - principally, borough - courts.</p> <p>Chapter 1 describes the background to the statutes, in particular the recoverability of debts before Royal, local, and mercantile courts before 1283.</p> <p>Chapter 2 explores the immediate legal and political contexts of <em>Acton Burnell</em>. A draft of the statute is discussed and compared with the statute. The need for reform in 1285 is assessed, setting <em>Merchants</em> alongside <em>Westminster II</em> n c.39. The provisions under both statutory schemes for recognition and enrolment of the debt, and the initiation of execution are described.</p> <p>Chapter 4 examines execution against the debtor's movable property. The statutory appraisal, sale and delivery of the debtor's goods are examined and compared both with the draft provisions and common law modes of execution. Appraisers' liability under the statutes is examined. Competing execution against the same debtor is investigated.</p> <p>Chapter 5 examines the debtor's arrest and detention, gaolers' statutory liability, statutory costs and damages. It investigates the operation of the statutes once the debt had been satisfied, the mechanisms for obtaining the debtor's release, and challenges to unlawful imprisonment via the writ <em>audita querela</em>.</p> <p>Chapter 6 examines execution against the debtor's immovable property. The chapter discusses the 'extent' by which the debtor's lands were to be delivered to the creditor under <em>Merchants</em>, and the nature of the creditor's holding of his debtor's immovables (the tenancy 'by statute merchant').</p> <p>This thesis is 92,800 words in length, excluding tables and appendices</p> |
| first_indexed | 2024-03-07T01:59:39Z |
| format | Thesis |
| id | oxford-uuid:9ce713af-f40a-4d1e-86dd-5229bbd6c62e |
| institution | University of Oxford |
| last_indexed | 2024-03-07T01:59:39Z |
| publishDate | 2000 |
| record_format | dspace |
| spelling | oxford-uuid:9ce713af-f40a-4d1e-86dd-5229bbd6c62e2022-03-27T00:39:24ZThe recognition and enforcement of debts under the statutes of Acton Burnell (1283) and Merchants (1285), 1283-1307Thesishttp://purl.org/coar/resource_type/c_db06uuid:9ce713af-f40a-4d1e-86dd-5229bbd6c62ePolonsky Theses Digitisation Project2000McNall, C<p>The Recognition and Enforcement of Debts under the statutes of <em>Acton Burnell</em> (1283) and <em>Merchants</em> (1285), 1283-1307</p> Christopher McNall (Magdalen College)<br/> Thesis submitted for the degree of D.Phil<br/> Trinity Term 2000<br/> <p>This thesis is about the statutes of <em>Acton Burnell</em> (1283) and <em>Merchants</em> (1285) which provided for the voluntary registration of debts before specially established registries, and sophisticated measures of execution against the defaulting debtor's person, goods, and lands.</p> <p>The introduction describes the sources for this thesis; the London Recognisance rolls; the certificates of statute merchant into the Chancery; the Plea Rolls of the Royal courts and of local - principally, borough - courts.</p> <p>Chapter 1 describes the background to the statutes, in particular the recoverability of debts before Royal, local, and mercantile courts before 1283.</p> <p>Chapter 2 explores the immediate legal and political contexts of <em>Acton Burnell</em>. A draft of the statute is discussed and compared with the statute. The need for reform in 1285 is assessed, setting <em>Merchants</em> alongside <em>Westminster II</em> n c.39. The provisions under both statutory schemes for recognition and enrolment of the debt, and the initiation of execution are described.</p> <p>Chapter 4 examines execution against the debtor's movable property. The statutory appraisal, sale and delivery of the debtor's goods are examined and compared both with the draft provisions and common law modes of execution. Appraisers' liability under the statutes is examined. Competing execution against the same debtor is investigated.</p> <p>Chapter 5 examines the debtor's arrest and detention, gaolers' statutory liability, statutory costs and damages. It investigates the operation of the statutes once the debt had been satisfied, the mechanisms for obtaining the debtor's release, and challenges to unlawful imprisonment via the writ <em>audita querela</em>.</p> <p>Chapter 6 examines execution against the debtor's immovable property. The chapter discusses the 'extent' by which the debtor's lands were to be delivered to the creditor under <em>Merchants</em>, and the nature of the creditor's holding of his debtor's immovables (the tenancy 'by statute merchant').</p> <p>This thesis is 92,800 words in length, excluding tables and appendices</p> |
| spellingShingle | McNall, C The recognition and enforcement of debts under the statutes of Acton Burnell (1283) and Merchants (1285), 1283-1307 |
| title | The recognition and enforcement of debts under the statutes of Acton Burnell (1283) and Merchants (1285), 1283-1307 |
| title_full | The recognition and enforcement of debts under the statutes of Acton Burnell (1283) and Merchants (1285), 1283-1307 |
| title_fullStr | The recognition and enforcement of debts under the statutes of Acton Burnell (1283) and Merchants (1285), 1283-1307 |
| title_full_unstemmed | The recognition and enforcement of debts under the statutes of Acton Burnell (1283) and Merchants (1285), 1283-1307 |
| title_short | The recognition and enforcement of debts under the statutes of Acton Burnell (1283) and Merchants (1285), 1283-1307 |
| title_sort | recognition and enforcement of debts under the statutes of acton burnell 1283 and merchants 1285 1283 1307 |
| work_keys_str_mv | AT mcnallc therecognitionandenforcementofdebtsunderthestatutesofactonburnell1283andmerchants128512831307 AT mcnallc recognitionandenforcementofdebtsunderthestatutesofactonburnell1283andmerchants128512831307 |