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Published online by Cambridge University Press: 16 June 2009
Clause 12 of the Provisions of Westminster of 1259 had, among other things, provided a clear general statement of the obligation of the guardians of lands held by socage tenure to render an account to the heirs for the issues of those lands and for the value of any marriage they might have arranged for them once the heirs came of age. Its provisions were retained without alteration in the 1263 reissue of the Provisions and further retained with only a minor amendment, probably intended only for clarification, in the final reissue of the Provisions as the Statute of Marlborough in 1267 as chapter 17 of that Statute. The legislation said nothing about the creation of any new form of action for its enforcement and there is no sign of the legislation being taken as authority for the creation of one prior to 1267. Nor is there any evidence of the accountability of the socage guardian being enforced through an adaptation of the ordinary action of account during this period.
THE CREATION OF AN ENFORCEMENT ACTION IN THE KING'S COURT
The king's council and Chancery do not seem to have been in much of a hurry to create a new action or to authorise the adaptation of the existing remedy after 1267 either.
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