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Download PDF by J. G. Bellamy: The Law of Treason in England in the Later Middle Ages

By J. G. Bellamy

ISBN-10: 0511522363

ISBN-13: 9780511522369

ISBN-10: 052107830X

ISBN-13: 9780521078306

ISBN-10: 0521526388

ISBN-13: 9780521526388

Professor Bellamy locations the speculation of treason in its political surroundings and analyses the half it performed within the improvement of felony and political inspiration during this interval. He can pay specific realization to the Statute of Treason of 1352, an act with a outstanding impact on later constitutional background and which, within the opinion of Edward Coke, had a criminal value moment merely to that of Magna Carta. He lines the English legislations of treason to Roman and Germanic origins, and discusses the advance of royal attitudes in the direction of uprising, the judicial tactics used to attempt and condemn suspected traitors, and the interplay of the legislation of treason and constitutional principles.

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Palgrave, p. 276. 2 Chronicles of Edward I and Edward II, 1, 139-42. ORIGINS OF THE ENGLISH STATE TRIAL 35 1 his king. 2 What happened next is not perfectly clear. The chronicler says that Mallore and his fellow justices 'decrevit judicium serie qua sequitur'. 3 There follows a copy of what was probably the official record of the trial and apparently, if the chronicler was not guilty of gross omission, it was a trial without accusation in the normal manner. There was no indictment by jury, no appeal by an individual, no accusation by the king's prosecutor but merely a statement of the crimes which the crown held Wallace to have committed, terminating with the judgement 'consideratum est quod praedictus Willelmus pro manifesta seditione quam ipsi domino regi fecerat, felonice machinando, in mortem eius perpetrando, annullationem et enervationem coronae et regiae dignitatis suae, vexillum contra dominum suum ligium in bello mortali deferendo, detrahatur .

4 The first subsequent example concerned Henry, Lord Scrope of Masham, and occurred in 1415; see Rot. Parl. iv, 65—6. 6 Chronicles of the Reigns of Edward I and Edward II, ed. W. , 1882-3), h 88; Wilhelmi Rishanger, Chronica et Annales, ed. H. T . , 3 18 THE LAW OF TREASON IN ENGLAND coins. 1 They were not called felonies or treasons as was to be the practice in the fourteenth century. The introduction of counterfeit or clipped coin into England was a problem which first demanded government legislation in the last decade of the thirteenth century.

E. Dumont, Justice Criminelle des Duches de Lorraine et de Bar, du Bassigny et des Trois Eviches (Nancy, 1848), pp. 113—17; Brissaud, Manuel d'histoire, p. 925; F. Aubert, Parlement de Paris de Vorigine d Frangois / , / 250-1515 (Paris, 1894), 1, 266. 4 Below, p. 74, n. 1. Perhaps also in the Gerberge, Litel and Beche cases. 2 THE MEDIEVAL CONCEPT OF TREASON 13 tried in the king's courts by special process. It was not one peculiar to treason, but was operable for other serious crimes, especially those which were denied and had been committed secretly.

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The Law of Treason in England in the Later Middle Ages by J. G. Bellamy

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