The recognition and enforcement of debts under the statutes of Acton Burnell (1283) and Merchants (1285), 1283-1307
This thesis is about the statutes of Acton Burnell (1283) and Merchants (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. 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. Chapter 1 describes the background to the statutes, in particular the recoverability of debts before Royal, local, and mercantile courts before 1283. Chapter 2 explores the immediate legal and political contexts of Acton Burnell. A draft of the statute is discussed and compared with the statute. The need for reform in 1285 is assessed, setting Merchants alongside Westminster II n c.39. The provisions under both statutory schemes for recognition and enrolment of the debt, and the initiation of execution are described. 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
McNall, Christopher
Voluntary registration; Debt recovery
The recognition and enforcement of debts under the statutes of Acton Burnell (1283) and Merchants (1285), 1283-1307. This thesis is about the statutes of Acton Burnell (1283) and Merchants (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. 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. Chapter 1 describes the background to the statutes, in particular the recoverability of debts before Royal, local, and mercantile courts before 1283. Chapter 2 explores the immediate legal and political contexts of Acton Burnell. A draft of the statute is discussed and compared with the statute. The need for reform in 1285 is assessed, setting Merchants alongside Westminster II n c.39. The provisions under both statutory schemes for recognition and enrolment of the debt, and the initiation of execution are described. 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
recognition enforcement debt statute statute provide voluntary registration debt specially establish sophisticated measure execution default debtor person good land introduction describe source london roll certificate statute merchant chancery plea royal_court local principally borough court describes background statute particular debt royal local mercantile court explores immediate legal political_context draft statute discuss compare statute need reform assess set alongside westminster provision statutory scheme recognition enrolment debt initiation execution describe examines execution debtor property statutory appraisal sale delivery debtor good examine compare draft provision common_law