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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.
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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