Clementi, D., 'Richard II’s Ninth Question to the Judges', The English Historical Review 86 (1971), 96-113

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Quick Summary

Richard II challenged the legality of actions taken against him in the parliament of 1386 by presenting a series of questions to legal experts

  • Richard II’s questions to the judges related to events in 1386
  • The judges ruled that the action taken against the king in 1386 was punishable by death
  • Richard may have believed there was a plot to replace him with a ‘statutory council’ in 1397
Key Conclusion

Clementi re-examines Richard II’s consultation with ‘judges’ (legal experts), whereby the king sought to overturn actions that had been taken against him in the parliament of 1386. The article concludes that although the king’s ninth question to the judges during this consultation has frequently been interpreted as making reference to the deposition of Edward II in 1327, in fact all of the king’s questions relate directly to events that had taken place between October and November 1386. In his ninth question to the judges, Richard II actually sought to challenge the legality of a ‘great and continual’ council which had been set up by his political opponents to restrict his power in 1386.

Content Overview

The main content of the article focuses on a close textual analysis of question nine, alongside other surviving evidence, in order to ‘show how closely the questions to the judges were tied to the events in the last months of 1386’ (p. 109). The article provides a neat summary of Richard II’s questions to the judges and the answers that he received (pp. 109-12). Questions 1-5 established that actions taken against the king in 1386 had usurped royal authority and that those responsible were punishable by death. Questions 5-8 established that parliament had acted traitorously towards the king, while questions 9-10 established that Robert de Vere, earl of Suffolk, had been wrongly sentenced in the parliament of 1386.

Further Findings

Richard’s ninth question to the judges demonstrates the king’s concern over a longstanding tradition of baronial demands for a ‘statutory council’ to act in place of the king. Clementi suggests that this sheds light on Richard’s erratic actions in 1397 when he arrested several powerful lords. Part of the reason for the king’s action on this occasion may have been down to his belief that there was a ‘fresh plot to appoint such a council’ (p. 112). More generally, Clementi emphasises the significance of Richard II’s ninth question to the judges in any evaluation of his reign.

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