Chapter 10 - REFORMS IN THE CRIMINAL JUSTICE SYSTEM

Summary

This chapter looks at the ways in which the various different chapters of the Statute of Marlborough concerned with reforms in the system of criminal justice, at both a national and a local level, were enforced and interpreted during the four decades after 1267.

MURDRUM FINES

Clause 22 of the Provisions of Westminster of 1259 had restricted the incidence of the murdrum fine to felonious homicides and prohibited its imposition in the case of accidental deaths. This clause was re-enacted in 1267 without alteration as chapter 25 of the Statute of Marlborough. The re-enactment was immediately reflected in statements made during eyres in 1268 by three counties as to the local custom regarding the presentment of Englishry. In each of them the limitation on the duty to present Englishry to felonious deaths was ascribed variously to the ‘king's concession to the county’ or to the operation of the ‘king's grace’. Both are clearly references to the statutory provisions. In a further eleven counties the first recorded statement of the county about its customs in the presentment of Englishry made after 1267 specifically excluded presentment for accidental deaths and, by implication, thereby also excluded the payment of murdrum in such cases. In another five counties, although the justices rejected the statement of custom about Englishry made by the county as contrary to that given in previous eyres, the custom of the county, as stated by the justices themselves, specifically excluded accidental deaths.