High Court judge rules against Richard III reburial challenge.
One of the most familiar images of 2013 was the
bones of Richard III. Exhumed, cleaned and analysed, they appeared on our screens,
in books and newspapers, in all their medieval glory, the focus of a
fascinating tale of loss and dicscovery. For twenty months, those bones have
awaited reburial. Initially scheduled to take place in Leicester's St Martin’s Cathedral this May, the ceremony was delayed by challenges mounted in the
courts earlier this year. Finally, following months of speculation and
argument, the High Courts of Justice have today rejected the Plantagenet Alliance’s
objections to the exhumation licence of the University of Leicester.
The remains of the controversial King, discovered in
a city centre car park back in September 2012, have ignited dispute since their
identity was revealed to the public last February. In the euphoria that
followed, with the curved spine and the reconstructions of Richard’s face
making news headlines, few could have predicted the acrimonious lengths to
which some of his supporters would resort over the following year. Yet some
were dissatisfied with the Leicester association, preferring him to be buried
elsewhere. While Westminster Abbey and Windsor were ruled out, the main alternative
emerged as York Minster. Richard was certainly of the house of York and his main
adult residence was in Yorkshire, but these were not the only considerations.
The Plantagenet Alliance, a group of collateral descendants
of the King, was established by Stephen Nicolay, who discovered he was Richard’s
16th great nephew in 2011. They presented the case that Leicester
University lacked “sufficient interest” in the King’s reinterment, in
comparison with their own, as his relatives. The courts ruled today that the
relation of Mr Nicolay and others had been “attenuated in terms of time and
lineage.” Thus, the span of over five centuries was deemed to be significant. Whilst
the court recognised the descent and wishes of the Plantagenet Alliance, they
established that this group only represented a very small percentage, a “tiny
fraction” of those people possibly related to him and their report included the
estimate that today, between “one and well over ten million” people might
legitimately claim a similar degree of relation. The Alliance added that they
had been denied a period of consultation regarding the arrangements prior to
the investigation. Today, the court ruled that this would have been “premature
and unnecessary.”
The question remained of Richard’s intentions and
the nature of his death. The simple fact is, there is no evidence whatsoever to
suggest where the King hoped to be buried. None of his actions can be
interpreted in that light and no will survives. It is most likely that as an
anointed King, he anticipated lying alongside his wife in Westminster Abbey. After
all, he chose to bury her there in March 1485. While his affinity with the city
is undisputed, the questions raised in court over the correct procedure for the
respectful burial of his skeleton were primarily concerned with the legality of
the original paperwork, regarding the intention of the dig and suitable provision
for a King’s remains.
Back in 2011, when the excavations at Leicester were
being planned by Ricardian Philippa Langley, who sourced the funding and saw
the dig through, The Ministry of Justice advised that there was no “statutory
criteria for deciding licence applications” and that each was considered on
their own merits, although they acknowledged that this was an unusual case.
From before that point though, the project had already been named “Looking for
Richard,” so the possibility of discovering the King was clear, even if it was
considered unlikely. Press conferences in Leicester on 24 and 31 August 2012
announced the dig’s purpose. There was never any doubt that Leicester
University were hoping to find the missing King.
Still, no one really anticipated the actual discovery
of his skeleton in situ on September 5. It had always been considered an
outside chance, a brief dream that seemed too unlikely to come to pass. The
University had a series of objectives, including establishing the location of
the Grey Friars Church and finding the stalls within the choir; Richard’s final
resting place was the last of their five aims. But, with the exposure of his
spine, the careful excavation and a series of rigorous tests, including mitochondrial
DNA, it was established beyond reasonable doubt what the University of
Leicester had achieved. Provision had made for Richard’s reburial in St Martin’s
Cathedral, Leicester, within four weeks, “in the unlikely event of” him being
found. Plans were made for his tomb and the details of his reinterment, all
within the remit of the original legal paperwork.
The High Court ruled that the challenge made by the Alliance
was not to the exhumation, or to a Cathedral burial. It was only a question of
location. According to today’s announcement, the Justices believed that
quashing the original licence in response to this would render the University’s
dig illegal, making it a retrospective criminal offense. They were not prepared
to do this. Equally, no fresh exhumation licence could be issued, as the bones
had been exhumed already. Nor did they uphold the challenge that the original
licence should have been revisited in 2013, once Richard’s identity had been
established, suggesting a consultation “by the back door.”
Richard’s remains were always going to be controversial.
In a statement issued on May 23, the court confirmed they had taken into
account the long-standing cultural representations of the King and the
establishment of the Richard III Society in 1924, with the intention of
reassessing his character and reign. However, its ultimate decision rested on
the need for the law to proceed on a “principled basis” rather than making a
special case for a historical figure. The three Justices involved, Lady Justice
Hallett, Mr Justice Ouseley and Mr Justice Haddon-Cave, clarified that the
present royal family are not descended lineally from Richard. In fact, “no one
is.” The Queen and Royal Family were consulted and expressed no concerns
regarding the intention to rebury Richard at Leicester. The debate was also
raised in Parliament, where the same statement was made. From February 2013,
the position of York Minster regarding Richard’s remains has also been neutral.
The Court concluded there were no grounds for its
intervention in the case and the Alliance’s call for a Judicial Review was
rejected. It recognised the considerable investiture of Leicester Cathedral in
preparing a suitable resting place for an anointed King. Now, it only remains
for the date to be named. Hopefully, today’s ruling will open the door for
England’s last Plantagenet King to be lain to rest in a respectful and fitting
manner in St Martin’s Cathedral, Leicester. Initial reports suggest this will
take place in the Spring of 2015.