sehepunkte 26 (2026), Nr. 5

Ulrike Ludwig / Quentin Verreycken (eds.): The Power to Pardon in Medieval and Early Modern Christian Europe

This book is a product of the Käte Hamburger Kolleg at the University of Münster, which champions research into the causes and implications of legal pluralism. Nine authors contribute articles on a wide array of topics related to pardoning and mercy in pre-modern Europe. The range here is vast, with case studies from Russia, Portugal, Spain, France, the Low Countries and Germany. The chronology ranges from the twelfth to the seventeenth century. One of the strengths of this publication, then, lies in its range. The case studies in this book further our understanding of underlying norms and behaviours related to pardoning across time and place.

Whilst there have been many publications on pardoning over the last fifty years and more, most have focused on single polities (see the pioneering work of Naomi Hurnard, Natalie Zemon Davis and Claude Gauvard, in particular). This volume is innovative in its focus on legal pluralities in pre-modern Christian Europe. There is a real attempt to think about different actors and levels of authority in the pardoning process.

In particular, Darlene Abreu-Ferreira's article stands out for its innovative attempt to consider the role of enslaved people in pardons from pre-modern Portugal. Although the sample size is small, the cases discussed here are rich in detail and give a fascinating insight into the ways in which the system was rigged against slaves. They would be used by their owners as scapegoats in cases of violent attacks (141). Slaves who had died rarely had kin to make a legal claim on their behalf. Instead, their death was treated solely as a financial loss to their owner (143). The case studies in this article emphasise the 'inherent violence' that was inflicted on enslaved people and recounted in pardon narratives (152).

The article by Tomás A. Mantecón Movellán on female agency in Ancien Régime Spain also discusses the violence and lack of power experienced by poor women in his sample of pre-modern Spanish cases. However, here women were involved in negotiating outcomes to reach a new balance, a 'peace' (181). The need for a 'private pardon' to be agreed with all parties gave women some power, although, of course, distinct social pressure could be applied. Poor women needed the support of their neighbours, and this might result in them bowing to local pressure to forgive the killer of their husband. Families might agree to financial compensation that could be put to use as a new dowry (183).

In contrast, Élisabeth Lusset's article on the French clerics who obtained pardons, shows that for these men, they could turn to both the king and the pope to ensure pardon and continued clerical status. Royal remissions mainly covered homicides (70-80%) while papal letters dealt primarily with retaining benefices (two-thirds). Clerics needed royal pardon to be remitted from secular punishment (fearing benefit of clergy did not cover them) but they also needed papal remission in order to continue in clerical roles and to combat defamation.

Another theme running through several articles is the centrality of mercy to a ruler's image and legacy. Philippa Byrne demonstrates this in relation to the biblical Solomon. The 'wisdom of Solomon' is an enduring legacy, although in the twelfth century medieval scholars posed an interesting question: whether Solomon had done something to atone for his sins, and whether that was enough (52). Intriguingly, atonement is not a prominent theme in the other articles in this collection (although there is some mention of pilgrimage as penance and paying reparation to the victim's kin in homicide cases). Perhaps atonement remained in the theological realm in the mind of contemporaries, distinct from the more practical considerations of secular pardons?

Again, in the context of early modern Russia, Nancy Shields Kollmann argues that personal distribution of mercy was central to the image creation of the tsars (68). Kollmann also highlights distrust of the legal system that led the public to think of direct petitioning for pardon as their only recourse (60). The poverty of the Russian empire meant that its rulers never created effective systems for pardoning. A familiar cycle repeated itself: a new tsar would begin their reign by welcoming all petitioners, but in time they would complain when they were overwhelmed with petitions. Tsars emphasised personal rule, but then felt overwhelmed when the people did not trust impersonal institutions for the exercise of mercy.

Gerd Schwerhoff's article takes a different direction, examining the dilemma faced by governments in the aftermath of revolt: whether to pardon or punish? He finds that after the German Peasants' War of 1525, the reaction was far more repressive than in medieval revolts (France in 1358 or England in 1381), with no general amnesty. Schwerhoff suggests that this was because of the protracted nature of the German Peasants' War, with a large number of bloody battles and massacres where many participants died. He finds common themes: firstly, demand for unconditional surrender (termed 'auf Gnade und Ungnade, grace and disgrace'); swearing of obedience; payment of compensation; and punishment of ringleaders (78). Some individuals were able to negotiate pardon (usually from exile, where they had fled after the collapse of the rising). Some of them pleaded to have taken part under duress, and some sought out intermediaries to intercede on their behalf.

The final section of this volume contains three articles which all show the complexity of pardoning in regions with multi-level power structures. Rudi Beaulant contributes a close examination of pardons in the Duchy of Burgundy after annexation in 1477. Royal procedures took over from previous ducal practices, but the diversity of pardons remained (remissions, abolitions and banishment reversals, as well as pardons). The new Court of the Parlement of Burgundy in Dijon became a court of appeal where litigants could challenge royal pardons (213).

Luke Giraudet's study of pardon in the early modern Habsburg Low Countries also reveals complex and multiple legal stages in the petitioning process. What is particularly interesting is that Habsburg rulers used pardons to respond to distinct crises, 'shoring up loyalty, securing declarations of Catholic faith, and reintegrating disordered communities into the overarching polity.' (243) The process was malleable enough to account for disparate provinces with distinct political needs, and distinct relationships with Brussels.

So too, in Ulrike Ludwig's study of Electoral Saxony, we see layers of bureaucracy, with written communication prominent between the territorial government and territorial prince. Ludwig also makes the important point that pardons were not only issued to 'delinquents', but also to 'disinterested third parties'. There is a similarity here with the type of pardons that medieval rulers gave during ceremonial entries and pageants.

In the conclusion, the editors make a laudable effort to examine pardoning on a global scale and over many centuries to the present day. Whilst the 21th century context is so very different, it is true that lessons about community forgiveness and reintegration persist.

Articles in this collection are organised into three sections. As ever with essay collections, these themes are inevitably slightly forced, but they do help the reader to navigate the text. The presentation of the book is generally very good, although there are a very few minor typographical errors (e.g. on 170, 179, 200, 233).

The authors state that this volume highlights the 'numerous challenges and controversies inherent in the practice of pardoning, exploring the wide range of actors and levels of authority involved in pardoning procedures, starting with the recipients themselves...' (9). This book represents a real advancement in pardon studies and one that will inform and inspire the work of the next generation.