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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.
First published in 1989, this title explores the relationship between theater and power in the English Renaissance. Shakespeare’s Henry V, Richard II, and Macbeth are examined alongside a range of cultural materials, including philosophical and historical accounts of sovereignty, royal portraiture and representations of treason and punishment. Renaissance theater was far more than a vehicle for the expression of a political content: it played a constitutive role in forming the distinctive theory of sovereignty and the distinctive political subjectivity of the era. By reading Shakespeare’s plays in conjunction with other, ideologically charged forms of representation, the book continues new-historicist efforts to uncover the complex relations between literary texts and cultural contexts. Providing an interesting and detailed analysis, this reissue will be of value to students of Shakespeare and the English Renaissance, and those concerned with exploring the intersection between cultural analysis, post-structuralism, and psychoanalytic interpretation.
This is a contemporary legal history book for Australian law students, written in an engaging style and rich with learning features and illustrations. The writers are a unique combination of talents, bringing together their fields of research and teaching in Australian history, British constitutional history and modern Australian law. The first part provides the social and political contexts for legal history in medieval and early modern England and America, explaining the English law which came to Australia in 1788. This includes: The origins of the common law The growth of the legal profession The making of the Magna Carta The English Civil Wars The Bill of Rights The American War of Independence. The second part examines the development of the law in Australia to the present day, including: The English criminal justice system and convict transportation The role of the Privy Council in 19th century Indigenous Australia in the colonial period The federation movement Constitutional Independence The 1967 Australian referendum and the land rights movement. The comprehensive coverage of several centuries is balanced by a dynamic writing style and tools to guide the student through each chapter including learning outcomes, chapter outlines and discussion points. The historical analysis is brought to life by the use of primary documentary evidence such as charters, statutes, medieval source books and Coke's reports, and a series of historical cameos - focused studies of notable people and issues from King Edward I and Edward Coke to Henry Parkes and Eddie Mabo - and constitutional detours addressing topics such as the separation of powers, judicial review and federalism. A Legal History for Australia is an engaging textbook, cogently written and imaginatively resourced and is supported by a companion website: https://www.bloomsburyonlineresources.com/a-legal-history-for-australia
This title, first published in 1989, was one of the first to directly address the legal dimension of bastard feudalism. John Bellamy explores the role and vulnerability of local officials and juries, the nature of the endemic land wars and the interference in the justice system by those at the top of the social chain. What emerges is a focus on the role of land in disputes, the importance of royal favour and political advantage and the attempt to suppress disruption. This is an interesting title, which will be of particular value to students researching the nature of late medieval and early Tudor feudalism, royal patronage and legal procedure.
Crime and Punishment in Tudor England tells the story of the enactment of law and its penalties from Henry VII to Elizabeth I. The sixteenth century was remarkable in many ways. In England, it was the century of the Tudor Dynasty. It heralded the Reformation, William Shakespeare, the first appearance of bottled beer in London pubs, Sir Francis Drake, and the Renaissance. Oh, and the Spanish Armadas—all five of them! Yes, five armadas and all failures. It was a watershed century for crime and punishment. Henry VII’s paranoia about the loyalty of the nobility led to military-trained vagrants causing mayhem and murder. Henry VIII’s Reformation meant executions of those refusing to take the Oath of Supremacy. State-controlled religion—summed up through the five reigns as Roman Catholic; Anglo-Catholic; Protestant; Roman Catholic, and Sort of Protestant but I don’t mind so long as you swear the Oath of Supremacy—became an increasingly complex, not to say confusing, issue for ordinary people. Although primary sources are rare and sometimes incomplete, the life of criminals and the punishments meted out to them still fascinates. Read about John Daniell and how he tried to blackmail the Earl of Essex; the Stafford insurrection of 1486, the first serious opposition to the new king; the activities of con-man extraordinaire, Gregory Wisdom, and many more. Crime and punishment didn’t start with the Tudors and this book summarizes judicial practices built on tradition from the Roman occupation. It covers often gory details—what happens to the body when it is beheaded, burned, boiled, or hanged? Arranged in alphabetical order of crimes, it recounts tales of blackmail, infanticide, kidnapping, heresy, and sumptuary laws. Told with occasional low-key humor, the book also includes Tavern Talk, snippets of quirky information. Dip into it at your pleasure.
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.
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.