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Thomas More's Trial by Jury
A Procedural and Legal Review with a Collection of Documents
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Edited by:
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With contributions by:
Language:
English
Published/Copyright:
2011
About this book
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.
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.
Author / Editor information
Contributor: Michael Tugendhat
SIR MICHAEL TUGENDHAT is a former judge of the High Court of England and Wales and the Courts of Appeal of Jersey and Guernsey, and an honorary professor at the University of Leicester.
Topics
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Frontmatter
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Contents
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Contributors
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Preface
xi -
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Abbreviations
xviii -
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Chronology
xix -
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1 A Procedural Review of Thomas More’s Trial
1 -
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2 Natural Law and the Trial of Thomas More
53 -
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3 A Guide to Thomas More’s Trial for Modern Lawyers
71 -
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4 Thomas More’s Three Prison Letters Reporting on His Interrogations
94 -
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5 Judicial Commentary on Thomas More’s Trial
111 -
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Appendix 1 Documents
137 -
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Appendix 2 Thomas More’s Trial: Docudrama
210 -
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Bibliography
223 -
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Index
233
Publishing information
Pages and Images/Illustrations in book
eBook published on:
February 21, 2024
eBook ISBN:
9781846159855
Original publisher:
Boydell Press
Pages and Images/Illustrations in book
eBook ISBN:
9781846159855
Keywords for this book
Thomas More; Trial; Jury; Procedural; Legal; Review; Collection; Documents; History; Tudor; Trial Process; Justice; Due Process; Treason; Parliamentary Act; Supremacy; Natural Law; trial; procedural; legal review; documents; docudrama; H. A. Kelly; R. H. Helmholz; Parliamentary Act of Supremacy
Audience(s) for this book
For an expert adult audience, including professional development and academic research
