By the middle of the fourteenth century, a defendant who had slain a housebreaker might be acquitted by judgment of the court. The same applied where he had slain someone who came to rob him. The courts were not consistent in their treatment of such cases, and it appears that at least until late into the century, acquittal might depend upon clear evidence of self-defence. In this area, the community was ahead of the courts. Trial juries supplied evidence of self-defence where, on the basis of coroner’s inquest testimony there had been neither true self defence nor even clear evidence of housebreaking or attempted theft.

Thomas A. Green, “Societal Concepts of Criminal Liability for Homicide in Mediaeval England” (1972)

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s