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This book challenges the recently established consensus that the trial was a carefully prepared and executed judicial process in which the judges were amenable to reasonable arguments. Thomas More's treason trial in 1535 is one of history's most famous court cases, yet never before have all the major documents been collected, translated, and analyzed by a team of legal and Tudor scholars. This edition serves asan important sourcebook and concludes with a 'docudrama' reconstructing the course of the trial based on these documents. Legal experts H. A. Kelly and R. H. Helmholz take different approaches to the legalities of this trial, and four experienced judges [including Justice of the Queen's Bench Sir Michael Tugendhat] discuss the trial with some disagreements - notably on the meaning and requirement of 'malice' called for in the Parliamentary Act of Supremacy. More's own accounts of his interrogations in prison are analyzed, and the trial's procedures are compared to and contrasted with 16th-century concepts of natural law and also modern judicial practices and principles. The book is a 'must read' not only for students of law and Tudor history but also for all concerned with justice and due process. As a whole, the book challenges Duncan Derrett's conclusions that the trial was conducted in accord with contemporary legal norms and that More was convicted only on the single charge of denying Parliament the power to declare Henry VIII Supreme Head of the English Church [testified to by Richard Rich] - a position that has been uniformly accepted by historians since 1964. HENRY ANSGAR KELLY is past Director of the Center for Medieval and Renaissance Studies, UCLA. LOUIS W. KARLIN is an attorney with the California Court of Appeal and Fellow of the Center for Thomas More Studies, University of Dallas. GERARD B. WEGEMER is Director of the Center for Thomas More Studies.
Groundbreaking essays show the variety and complexity of the roles played by inquisition in medieval England. Inquisition in medieval and early modern England has typically been the subject of historical rather than cultural investigation, and focussed on heresy. Here, however, inquisition is revealed as playing a broader role in medievalEnglish culture, not only in relation to sanctions like excommunication, penance and confession, but also in the fields of exemplarity, rhetoric and poetry. Beyond its specific legal and pastoral applications, inquisitio was a dialogic mode of inquiry, a means of discerning, producing or rewriting truth, and an often adversarial form of invention and literary authority. The essays in this volume cover such topics as the theory and practice ofcanon law, heresy and its prosecution, Middle English pastoralia, political writing and romance. As a result, the collection redefines the nature of inquisition's role within both medieval law and culture, and demonstrates the extent to which it penetrated the late-medieval consciousness, shaping public fame and private selves, sexuality and gender, rhetoric, and literature. Mary C. Flannery is a lecturer in English at the University of Lausanne; Katie L. Walter is a lecturer in English at the University of Sussex. Contributors: Mary C. Flannery, Katie L. Walter, Henry Ansgar Kelly, Edwin Craun, Ian Forrest, Diane Vincent, Jenny Lee, James Wade, Genelle Gertz, Ruth Ahnert, Emily Steiner
This book challenges the recently established consensus that the trial was a carefully prepared and executed judicial process in which the judges were amenable to reasonable arguments. Thomas More's treason trial in 1535 is one of history's most famous court cases, yet never before have all the major documents been collected, translated, and analyzed by a team of legal and Tudor scholars. This edition serves asan important sourcebook and concludes with a 'docudrama' reconstructing the course of the trial based on these documents. Legal experts H. A. Kelly and R. H. Helmholz take different approaches to the legalities of this trial, and four experienced judges [including Justice of the Queen's Bench Sir Michael Tugendhat] discuss the trial with some disagreements - notably on the meaning and requirement of 'malice' called for in the Parliamentary Act of Supremacy. More's own accounts of his interrogations in prison are analyzed, and the trial's procedures are compared to and contrasted with 16th-century concepts of natural law and also modern judicial practices and principles. The book is a 'must read' not only for students of law and Tudor history but also for all concerned with justice and due process. As a whole, the book challenges Duncan Derrett's conclusions that the trial was conducted in accord with contemporary legal norms and that More was convicted only on the single charge of denying Parliament the power to declare Henry VIII Supreme Head of the English Church [testified to by Richard Rich] - a position that has been uniformly accepted by historians since 1964. Henry Ansgar Kelly, Distinguished Research Professor, is past Director of the Center for Medieval and Renaissance Studies, UCLA. LOUIS W. KARLIN is an attorney with the California Department of Justice and Fellow of the Center for Thomas More Studies, University of Dallas. GERARD B. WEGEMER is Director of the Center for Thomas More Studies and Professor of Literature at the University ofDallas.
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