Legal Definitions - letters of slains

The term letters of slains refers to a historical legal document, specifically a formal written communication sent to the monarch by the family members of a person who had been killed. These letters indicated the family's agreement or consent for the individual who committed the killing to receive a royal pardon. Historically, such a pardon could not be granted by the Crown unless the victim's family formally expressed their concurrence through these letters.

Here are some examples to illustrate the concept of letters of slains:

• Imagine a scenario in 16th-century Scotland where a nobleman's son, during a heated argument, fatally wounds a servant. The nobleman, wishing to spare his son from severe punishment, petitions the King for a royal pardon. For this pardon to be considered, the servant's grieving family—his parents and siblings—would have to submit letters of slains to the Crown, formally stating their consent to the pardon. Without their explicit agreement, the King would not grant clemency.

  This example demonstrates how the victim's family (the servant's relatives) had to provide formal consent (the letters of slains) to the monarch before a pardon could be issued to the killer (the nobleman's son).

• Consider a situation in a rural community where a farmer accidentally causes the death of a neighbor during a dispute over land boundaries. The farmer, deeply remorseful, seeks a royal pardon to avoid the harshest penalties. The neighbor's widow and children, after much deliberation and perhaps receiving an offer of financial support or land from the farmer, might decide to send letters of slains to the King. These letters would signify their willingness to accept the pardon for the farmer, allowing him to avoid execution or exile.

  Here, the letters of slains are used by the victim's family (the widow and children) to express their agreement to a pardon for the person responsible for the death, potentially influenced by factors like remorse or restitution.

• In a historical context involving rival clans, a member of Clan MacGregor kills a member of Clan Campbell in a skirmish. To prevent an escalating blood feud and to maintain a fragile peace brokered by the Crown, the leaders of both clans might negotiate a resolution. As part of this agreement, the immediate family of the slain Campbell might be persuaded to issue letters of slains to the King. This act would formally acknowledge their consent to a royal pardon for the MacGregor killer, thereby helping to de-escalate tensions and avoid further retaliatory violence.

  This example illustrates the use of letters of slains in a broader political or social context, where the victim's family's consent (Clan Campbell's family) to a pardon for the killer (Clan MacGregor member) was crucial for maintaining peace and preventing further conflict.