The power to pardon in late medieval and early modern Europe: New perspectives in the history of crime and criminal justice

Using a wide range of legal, administrative and literary sources, this study explores the role of the royal pardon in the exercise and experience of authority in Tudor England. It examines such abstract intangibles as power, legitimacy, and the state by looking at concrete life-and-death decisions of the Tudor monarchs. Drawing upon the historiographies of law and society, political culture and state formation, mercy is used as a lens through which to examine the nature and limits of participation in the early modern polity. Contemporaries deemed mercy as both a prerogative and duty of the ruler. Public expectations of mercy imposed restraints on the sovereign's exercise of power. Yet the discretionary uses of punishment and mercy worked in tandem to mediate social relations of power in ways that most often favoured the growth of the state.

The rise of civilised conduct and behaviour has long been considered as one of the major factors in the transformation from medieval to modern society. Thinkers and historians alike argue that violence progressively declined as men learned to control their emotions. The feud is a phenomenon associated with backward societies, and in the West duelling codified behaviour and channelled aggression into ritualised combats that satisfied honour without the shedding of blood. French manners and codes of civility laid the foundations of civilised Western values. But as this original work of archival research shows, we continue to romanticise violence in the era of the swashbuckling swordsman. In France, thousands of men died in duels in which the rules of the game were regularly flouted. Many duels were in fact mini-battles and must be seen not as a replacement of the blood feud, but as a continuation of vengeance in a much bloodier form. This book outlines the nature of feuding in France and its intensification in the wake of the Protestant Reformation, civil war, and dynastic weakness, and considers the solutions proposed by thinkers from Michel de Montaigne to Thomas Hobbes. The creation of the largest standing army in Europe since the Romans was one such solution, but the militarisation of society, a model adopted throughout Europe, reveals the darker side of the civilising process.