The Plantagenet Alliance, distant relatives of Richard III, have lost their battle in the High Court to have the last Plantagenet monarch interred in York.
It means that Richard will, after all, be interred in Leicester Cathedral later this year, in the same city where he was found in 2012 under a car park.
Richard III judicial review: Plantagenet Alliance loses reburial battle
Friday 23rd May 2014
Submitted by Emma McFarnon
BBC History Extra
It has been confirmed that Richard III will, after all, be buried at Leicester Cathedral
Distant relatives of Richard III have lost their High Court battle over where his remains should be reburied.
The Plantagenet Alliance Limited, who are campaigning to see the former king reburied in York, challenged the justice secretary's decision not to consult further before granting a licence to the University of Leicester to excavate the remains. The licence also enables the university to decide where the remains are reinterred.
The alliance’s lawyers argued that, among other things, the Ministry of Justice (MoJ) failed to consult sufficiently or take into account the wishes of the king’s descendants, the monarch himself - if they could be determined - or the wider public, when issuing the licence.
They maintained that the failure to adopt appropriate consultation was unlawful and amounted to breaches by the ministry, university and city council, which should cause the licence’s terms to be quashed.
But today the court announced that the Plantagenet Alliance's application had been unsuccessful: "There are no public law grounds for the Court interfering with the decisions in question. In the result, therefore, the Claimant’s application for Judicial Review is dismissed."
The remains of Richard III, who was killed at the battle of Bosworth in 1485, were uncovered in a Leicester car park in September 2012. The University of Leicester decided it wanted to see them reinterred in Leicester.
Today's judgment read: "Since Richard III’s exhumation on 5th September 2012, passions have been roused and much ink has been spilt. Issues relating to his life and death and place of re-interment have been exhaustively examined and debated.
"The Very Reverend David Monteith, the Dean of Leicester Cathedral, has explained the considerable efforts and expenditure invested by the Cathedral in order to create a lasting burial place 'as befits an anointed King'. We agree that it is time for Richard III to be given a dignified reburial, and finally laid to rest."
Professor Lin Foxhall from the University of Leicester, who was head of department when the remains were discovered in 2012, told History Extra: "We are jubilant. This is a victory for common sense. From our point of view, one of the difficulties has been that the real issue at hand got cluttered up in other things.
"The issue was whether the licence had been correctly issued, and we knew all along that it had been. It should never have got to a judicial review, in our opinion.
"We have endeavoured from the start to do things 'by the book' and follow good archaeological practice, and that is what we will continue to do.
"We are delighted that common sense has prevailed."
The lawyer who spearheaded the unsuccessful High Court bid said the verdict is "highly regrettable". Matthew Howarth, partner at Yorkshire law firm Gordons, said his client was now considering appealing against the decision.
Mr Howarth said: "We obviously respect and accept today’s verdict, and are grateful to have had the opportunity to raise this matter before the courts, but are naturally disappointed at the decision, which we regard as highly regrettable.
"Also disappointed will be the many thousands of people who expressed the desire to have the decision as to where King Richard III’s remains should be reburied revisited.
"We have, however, no regrets about fighting the case, which we can look back on with pride. My client is a not-for-profit entity and many people were amazed that we got as far as we did.
"Yet the court, in its judgment today, recognised the case was one of broad public interest and our clients had standing to bring it as a public interest litigant – points resisted by the Ministry of Justice and university throughout."
KING RICHARD III IN THE CATHEDRAL - THE STORY AT A GLANCE
KING RICHARD III - BURIAL TO REBURIAL
Richard’s Death and Burial
22nd August 1485 – Richard killed at Battle of Bosworth Field. His body is brought back into Leicester in ignominy, and displayed in public view
25th August – Richard is buried in the choir of Greyfriars Priory, less than 100 yards from St Martins church (since 1927, Leicester Cathedral)
Later developments on the site
July 1495 – Henry VII causes an alabaster tomb to be erected over the burial site
November 1538 – the Priory is suppressed, and the warden and last 6 friars ejected. Soon after it is demolished and the materials sold. Some wooden beams are used in the roof of nearby St Martins church (now the Cathedral). It is presumed the alabaster tomb is destroyed at this point.
Early 1600s – Robert Herrick builds a mansion with large gardens on the site of the former priory
1611 – Christopher Wren views a stone pillar erected in the Herrick gardens, with the inscription “Here lies the body of Richard III, some time King of England”.
1740 – New Street bisects the site of the gardens, facing onto St Martins church.
1864 – the new Alderman Newton School is built adjacent to site of the former Herrick mansion
1872 – the former mansion house, now owned by the Leicester Corporation, is demolished and a new road, Greyfriars is created with a number of new buildings also erected.
The Memorial stone
August 1982 – A memorial stone to Richard III ‘buried in the Church of the Grey Friars in this parish’ is installed in the Cathedral chancel, designed by David Kindersley, and donated by Richard III Society
The Greyfriars Dig (for fuller information see the University website)
24th August 2012 – the dig is officially launched on site, carried out by the University of Leicester Archaeological Services (ULAS) working in partnership with Ms Philippa Langley of the Richard III Society.
25th August – a leg bone is discovered in the first opened trench. It is left undisturbed for the time being.
31st August – ULAS applies to the Ministry of Justice to exhume up to 6 sets of human remains with the possibility of one of them being King Richard III. If it is, the plan is to reinter in Leicester Cathedral. Otherwise all remains will be treated in accord with common archaeological practice. This is granted on 3rd September.
4th-5th September – the complete skeleton is uncovered and removed. There is strong circumstantial evidence that points to it possibly being that of Richard III
12th September – a Press conference announces the discovery.
4th February 2013 – University announces that following extensive scientific tests it can confirm that the remains are indeed those of Richard III.
The progress to reinterment 2013
4th February – the University Vice-Chancellor, supported by the city Mayor, formally ask the Cathedral to make preparations for reinterment of the remains in the Cathedral
26th March – The newly formed ‘Plantagenet Alliance’ announce that they intend to seek judicial review of the decision to reinter in the Cathedral.
16th August – A Judicial Review is granted, giving leave to the Alliance to present their arguments in court. The defendants are the Ministry of Justice and the University of Leicester. Leicester Cathedral and York Minster are named as Interested Parties.
19th September – The Cathedral announces its proposals for a tomb and place of honour. [Link to Reinterment page] These are submitted to the Cathedrals Fabric Commission for England, who must decide if they are appropriate.
24th October – Cathedrals Fabric Committee for England (CFCE) defer making a decision, citing concerns about the Judicial Review, and also seeking clarification on aspects of the design.
26th November – Judicial Review hearing opens and is adjourned, following decision to make the city council a third defendant
13-14 March 2014 – Judicial Review resumes
20th March – CFCE due to make decision on design matters
Late 2014 – planned reburial in Leicester Cathedral
Richard III judicial review: Plantagenet Alliance loses reburial battle | History Extra
King Richard III burial to reburial