Abstract
Hanging and hiding the facts: Agnes Glover v Walter Devereux, William Herbert and others (1457)
This paper will consider an appeal of homicide by the widow of a hanged man, the background to which was what R.A. Griffiths calls the ‘forcible arrangement’ by Devereux and associates of the trial and execution of those said to have been guilty of murdering Watcyn Vaughan.
The incident has been considered in the context of disorder perpetrated in England, Wales and the Marches by particular families and affinities, and the efficiency or otherwise of royal justice in the mid-fifteenth century.
Some of its more strictly legal aspects have not been explored, however, and, in particular, it has generally been overlooked that the case was deemed worthy of a law report (YB Pasch. 35 Hen. VI f. 57b). Marrying up and comparing the indictment, record and report shows some interesting shifts in focus and variation in the ways in which the facts could be presented and understood. It also illuminates some of the structural problems with homicide prosecution at this time, and draws attention to the role played in the legal process by the prosecutrix, Agnes Glover, whose situation and choices can easily be overlooked if this matter is looked at only as evidence of gentry unruliness and political turmoil.
This paper will consider an appeal of homicide by the widow of a hanged man, the background to which was what R.A. Griffiths calls the ‘forcible arrangement’ by Devereux and associates of the trial and execution of those said to have been guilty of murdering Watcyn Vaughan.
The incident has been considered in the context of disorder perpetrated in England, Wales and the Marches by particular families and affinities, and the efficiency or otherwise of royal justice in the mid-fifteenth century.
Some of its more strictly legal aspects have not been explored, however, and, in particular, it has generally been overlooked that the case was deemed worthy of a law report (YB Pasch. 35 Hen. VI f. 57b). Marrying up and comparing the indictment, record and report shows some interesting shifts in focus and variation in the ways in which the facts could be presented and understood. It also illuminates some of the structural problems with homicide prosecution at this time, and draws attention to the role played in the legal process by the prosecutrix, Agnes Glover, whose situation and choices can easily be overlooked if this matter is looked at only as evidence of gentry unruliness and political turmoil.
Original language | English |
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Publication status | Published - 12 Jul 2019 |
Event | British Legal History Conference 2019 - St Andrews University Duration: 9 Jul 2019 → 13 Jul 2019 |
Conference
Conference | British Legal History Conference 2019 |
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Period | 9/07/19 → 13/07/19 |
Research Groups and Themes
- Centre for Law and History Research
Keywords
- homicide, manuscripts, medieval women