Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-75dct Total loading time: 0 Render date: 2024-05-10T13:14:39.548Z Has data issue: false hasContentIssue false

6 - Pardons for Self-Defence in the Reign of Richard II: The Use and Abuse of Legal Formulas

Published online by Cambridge University Press:  26 May 2022

Get access

Summary

One theme of this collection of essays in honour of Professor Nigel Saul is the study of sources, especially chronicles, but there are other sources that also present narratives of historical significance. As with chronicles, some may be more reliable than others. In studying homicides in late medieval England, records of cases involving claims of self-defence often include much fuller narratives than other homicide records, since making such a claim credible usually required putting forward a more detailed description of how the defendant was attacked and allegedly had to kill the attacker in order to save his (or rarely her) life.

Unfortunately, it has been recognised at least since the time of Naomi Hurnard's classic study The King's Pardon for Homicide before 1307 that many stories put forward to justify claims of self-defence included stylised expressions intended to fit the strictly defined circumstances that made a claim of self-defence legally acceptable. It is therefore necessary to distinguish between elements in the records that were formulaic and those that might actually be based on the real events behind the records. To make these distinctions, this study has examined as many as possible of the cases in the reign of Richard II (1377–99) in which pardons were granted on grounds of self-defence and information beyond the bare fact of the pardon could be found. In the Calendars of Patent Rolls for Richard's reign, about 240 cases were identified in which the king granted pardons for homicide on grounds of self-defence. Of these, significant additional information beyond the fact of the pardon has so far been found for about 180 of the cases, roughly three-fourths of the total. More data may be found, but this is already enough to distinguish patterns in the use of formulas in the self-defence narratives. In particular, it permits recognition of the differences in the use of formulas in the indictments (primarily made by coroners’ juries, though some were made before justices of the peace or other authorities) and the later verdicts in the same cases (primarily made by juries at trials at gaol delivery, though a few appeared elsewhere). In many cases, the later verdicts are significantly more formulaic than the indictments, which appear more likely to be closer to the underlying reality of the original events.

Type
Chapter
Information
Publisher: Boydell & Brewer
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×