In this fascinating book, Darlene Abreu-Ferreira sheds much-needed light on the world of female agency in legal proceedings in early modern Portugal through a meticulous analysis of rare documents, not from royal archives, but rather preserved in local archives across Portugal and even from the Azores archipelago in the Atlantic. The documents that Abreu-Ferreira has studied are the querelas and perdões de parte. Querelas were official accusations made by men and women before an “ordinary judge” (“juíz ordinário”) or an “outside judge” (“juíz de fora”) against individuals they accused of various crimes affecting them; perdões de parte were pardons granted by victims of crimes and/or by their families to a defendant accused of crimes such as physical assaults, murder, rape, or the “defloration” of unmarried young women. The querelas were the means by which an official investigation undertaken by royal officials could commence, while the pardons were usually granted in exchange for appropriate compensation and were a necessary precondition to the defendant securing a royal pardon. The book is divided into four sections: a lengthy introduction, a chapter entitled “Querelas and Perdões de Parte for Physical Injuries and Homicide,” a chapter entitled “Querelas and Perdões de Parte for Sexual Crimes,” and a concise conclusion. The book also includes a substantial appendix, comprising no less than seven edited documents translated into English.
In the lengthy introduction, Abreu-Ferreira offers a very useful presentation of the legal world of late medieval and early modern Portugal that will be helpful to all readers, including those already familiar with early modern Portuguese history. She details the nature of the archives and documents that she has used, and highlights the problems that arise from their formulaic nature as well as the missing information that usually makes it dangerous to extrapolate from them. Indeed, we often have no idea as to whether a querela led to a pardon or the exact circumstances that compelled a woman or a family to grant a pardon to a defendant, including in cases of murder. Despite these limitations, the documents are fascinating in that they demonstrate that the legal process in early modern Portugal allowed for, and appears to have encouraged, the negotiation of private settlements between defendants and victims. Moreover, it was often preferable for victims of physical violence and homicide — especially widows and orphans who found themselves in straightened financial situations due to the injury or loss of a male breadwinner — to obtain financial compensation rather than seek revenge. Likewise, the harsh penalties imposed by the Crown for physical assaults and murders — especially exile to overseas colonies in Africa or Brazil — and the need to obtain a perdão de parte in order to secure a royal pardon made the payment of compensation a preferable outcome for many offenders.
This book highlights the role of women in crime and forgiveness. While the documentary evidence appears to suggest that the majority of defendants who appeared to commit violent crimes were men and that their victims (with the exception of sexual crimes) were also men, their crimes often had a disproportionate impact upon women. As Abreu-Ferreira notes in her analysis of the identities of pardoners and pardoned, women represented a clear majority of the pardoners in cases of homicide. We can observe in the querelas and perdões de parte how women responded to a crime and were active participants in the legal process, whether they were protecting their property or their children’s, or if they were seeking redress and compensation. The two chapters of this book provide multiple case studies that are adroitly presented and analyzed by Abreu-Ferreira. The examples selected by the author vividly bring to life the world of official accusations and pardons in early modern Portugal. Although it deals with complex legal sources, the book has a pleasant turn of phrase and is engaging throughout. This captivating book therefore constitutes a very welcome addition to the expanding literature on the history of the relationship between women and the law in early modern Europe. It will be of great and equal interest to scholars of Portugal and Europe.