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This study seeks to explain why the man who committed homicide by misadventure or in self-defence needed a pardon. It examines the working of the system of pardoning in England in the thirteenth century, its effects on the claims of the victims' kinsmen to secure reparation or bring down retribution on the slayers, and the risk to public order from the king's clemency to those who had killed feloniously. It traces the development of inquisitions into alleged excuses, and an appendix deals with the closely related history of the writ de odio et atia.
This study investigates the legal and social necessity of the royal pardon for homicide in thirteenth-century England, specifically addressing why individuals who killed by misadventure or in self-defense required formal absolution. Naomi D. Hurnard, a noted medievalist, utilizes extensive archival records and legal documents to analyze the intersection of royal prerogative and common law. The work argues that the pardon system served as a critical mechanism for managing the tension between the king's clemency and the rights of victims' families to seek retribution. By examining the evolution of inquisitions into homicide, Hurnard provides a framework for understanding the administration of justice during this period.
What You Will Find
Historians and legal scholars frequently cite this work as a foundational text for understanding the complexities of medieval English criminal law. Experts highlight the meticulous archival research and the clarity with which Hurnard navigates the dense procedural history of the period.
Page Count:
394
Publication Date:
1997-01-01
Publisher:
Clarendon Press 1925.
ISBN-10:
0198223129
ISBN-13:
9780198223122
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