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This title, first published in 1979, was ground-breaking in its exploration of the understudied area of the Tudor law of treason. Bellamy first examines the scope of that law, noting the inheritance from the Middle Ages, the effectiveness of the new statutes and interpretation of the law by the judiciary. Mining the archives for official, legal and literary accounts, the following parts consider how the government came to hear of traitors, the use of evidence and witnesses in trials and finally the fate of the traitor at the gallows and beyond. This is a full, useful and interesting title, which will be of great value to students researching Tudor and late medieval statute law, the Tudor concept of treason and the mores of Tudor society.
This title, first published in 1979, was ground-breaking in its exploration of the understudied area of the Tudor law of treason. Bellamy first examines the scope of that law, noting the inheritance from the Middle Ages, the effectiveness of the new statutes and interpretation of the law by the judiciary. Mining the archives for official, legal and literary accounts, the following parts consider how the government came to hear of traitors, the use of evidence and witnesses in trials and finally the fate of the traitor at the gallows and beyond. This is a full, useful and interesting title, which will be of great value to students researching Tudor and late medieval statute law, the Tudor concept of treason and the mores of Tudor society.
Under the Tudor monarchy, English law expanded to include the category of "treason by words." Rebecca Lemon investigates this remarkable phrase both as a legal charge and as a cultural event. English citizens, she shows, expressed competing notions of treason in opposition to the growing absolutism of the monarchy. Lemon explores the complex participation of texts by John Donne, Ben Jonson, and William Shakespeare in the legal and political controversies marking the Earl of Essex's 1601 rebellion and the 1605 Gunpowder Plot. Lemon suggests that the articulation of diverse ideas about treason within literary and polemical texts produced increasingly fractured conceptions of the crime of treason itself. Further, literary texts, in representing issues familiar from political polemic, helped to foster more free, less ideologically rigid, responses to the crisis of treason. As a result, such works of imagination bolstered an emerging discourse on subjects' rights. Treason by Words offers an original theory of the role of dissent and rebellion during a period of burgeoning sovereign power.
Professor Bellamy places the theory of treason in its political setting and analyses the part it played in the development of legal and political thought in this period. He pays particular attention to the Statute of Treason of 1352, an act with a notable effect on later constitutional history and which, in the opinion of Edward Coke, had a legal importance second only to that of Magna Carta. He traces the English law of treason to Roman and Germanic origins, and discusses the development of royal attitudes towards rebellion, the judicial procedures used to try and condemn suspected traitors, and the interaction of the law of treason and constitutional ideas.
This book explores the development and application of the law of treason in England across more than a thousand years, placing this legal history within a broader historical context. Describing many high-profile prosecutions and trials, the book focuses on the statutes, ordinances and customs that have at various times governed, limited and shaped this worst of crimes. It explores the reasons why treason coalesced around specific offences agreed by both the monarch and the wider political nation, why it became an essential instrument of enforcement in high politics, and why, over the past three hundred years, it has gradually fallen into disuse while remaining on the statute book. This book also considers why treason as both a word and a concept remains so potent in wider modern culture, investigating prevalent current misconceptions about what is and what is not treason. It concludes by suggesting that the abolition or 'death' of treason in the near future, while a logical next step, is by no means a foregone conclusion. The Rise and Fall of Treason in English History is a thorough academic introduction for scholars and history students, as well as general readers with an interest in British political and legal history.
Based on J.R. Tanner's Tudor constitutional documents.
In 1352 King Edward III had expanded the legal definition of treason to include the act of imagining the death of the king, opening up the category of "constructive" treason, in which even a subject's thoughts might become the basis for prosecution. By the sixteenth century, treason was perceived as an increasingly serious threat and policed with a new urgency. Referring to the extensive early modern literature on the subject of treason, Imaginary Betrayals reveals how and to what extent ideas of proof and grounds for conviction were subject to prosecutorial construction during the Tudor period. Karen Cunningham looks at contemporary records of three prominent cases in order to demonstrate the degree to which the imagination was used to prove treason: the 1542 attainder of Katherine Howard, fifth wife of Henry VIII, charged with having had sexual relations with two men before her marriage; the 1586 case of Anthony Babington and twelve confederates, accused of plotting with the Spanish to invade England and assassinate Elizabeth; and the prosecution in the same year of Mary, Queen of Scots, indicted for conspiring with Babington to engineer her own accession to the throne. Linking the inventiveness of the accusations and decisions in these cases to the production of contemporary playtexts by Udall, Shakespeare, Marlowe, and Kyd, Imaginary Betrayals demonstrates how the emerging, flexible discourses of treason participate in defining both individual subjectivity and the legitimate Tudor state. Concerned with competing representations of self and nationhood, Imaginary Betrayals explores the implications of legal and literary representations in which female sexuality, male friendship, or private letters are converted into the signs of treacherous imaginations.