Chapter 11 - REFORMS IN THE PROCEDURES OF THE ROYAL COURTS

Summary

Various changes had been made by the Provisions of Westminster and by the Statute of Marlborough in the procedures, and especially in the mesne process, used in the royal courts. These had mainly been made in an effort to make the central royal courts more efficient and to afford absent defendants less opportunity for delay. Shorter adjournments than normal were authorised in certain types of litigation; mesne process was abbreviated in certain types of case; the initial process was made harsher under certain circumstances in the action of account. There were also a number of other minor changes which were intended to eliminate what had been perceived as abuses in the operation of royal courts. This chapter will examine how these various changes worked in practice during the four decades between the enactment of the Statute of Marlborough and the end of the reign of Edward I.

ADJOURNMENTS IN ACTIONS OF DOWER

As has been seen, clause 6 of the Provisions of Westminster was among the clauses significantly amended when the Provision were reissued in 1263 and it was in this amended form that it was further reissued in 1267 as part of chapter 12 of the Statute of Marlborough.