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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Close reading of the trials and plays allows us to see developing forms of Englishness as they are more fully represented in legal and dramatic practice; it allows us to subject the historical processes within these texts to closer ...
At the end of a treason trial, real people died. What was at stake in every rhetorical move and textual manipulation was a life. At the end of a play, on the other hand, regardless of the fate of the character, the actor lived.
... “had been an adversary of His truth and of His holy word,” God “would never have so aided her” in discovering the plot.59 In addition, trial texts register the developing legal protocols, which were themselves coming under fire.
67 Rather than reading like coherent codifications, these texts reveal a spirit of flexible in— quiry, conjecture, and imaginative scope at the heart of legal thinking about any subject under adjudication: Subjects as diverse as the ...
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