Imaginary Betrayals: Subjectivity and the Discourses of Treason in Early Modern England
University of Pennsylvania Press, 2013 M05 29 - 224 páginas
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.
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I assume that dramatists and legal practitioners respond to and influence their contemporary discourses, in particular those associated with legitimate and illegitimate forms of imagining the nation, though these exchanges may not be ...
... even the term “treason” comes into use in legal rhetoric not to describe a specific act, but to single out a position relative to others and to competing ideas about the emerging English nation—that is, to make an argument.
... not only of the prince, but also of inferior magistrates, although they be wicked . . . so is it provided by the laws of nations, that not only he that hath killed his sovereign, but he also that made the attempt, that gave counsel, ...
... Coke's description, law reports offer a memorial reconstruction (“a bringing againe to memory”) of the important events in the nation's legal history and help rationalize (in “causes and reasons”) the form that reconstruction takes.
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