By L. Steffen
This ebook explores the formation of the British nation and nationwide identification from 1603-1832 via studying the definitions of sovereignty and allegiance provided in treason trials. The king remained crucial to nationwide identification and the kingdom till Republican demanding situations compelled prosecutors in treason trials to innovate and redefine sovereign authority. even if jurors resisted the switch, by way of the 1790s parliament and prosecutors approved that treason legislations safe all Britons and the overall defense of the kingdom.
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This e-book explores the formation of the British country and nationwide id from 1603-1832 through interpreting the definitions of sovereignty and allegiance awarded in treason trials. The king remained principal to nationwide id and the country until eventually Republican demanding situations compelled prosecutors in treason trials to innovate and redefine sovereign authority.
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Extra resources for Defining A British State: Treason and National Identity, 1608-1820 (Studies in Modern History)
Laud had a chance to respond to these accusations, and he first acknowledged the grievous weight of the offense if indeed it were true. Laud then observed the lack of attention given to the king in the charge of treason against him. 71 For Laud the state was the king and vice versa. Law did not separate them. In pledging allegiance to one, he pledged allegiance to the other. On 26 February 1641 the Commons heard the articles of impeachment. ’ 72 Moreover, he also stirred up war and enmity between the two kingdoms of England and Scotland by introducing innovations in religion (popery) and government (arbitrary rule).
By 1648 a new vision of government emerged, and the experiment began with a trial for high treason. ’ This was an old idea, but invoking ‘the people’ in order to execute a king was radically new. The trial challenged two traditional English and European beliefs: the divine right of kings and the idea that the king could do no wrong. A king could not be held accountable in court for an infraction of the law, because he had no peers who could form a jury to try him fairly. 77 Never before had an English king been held accountable to the law and placed on trial.
Coke provided the example of a Frenchman who might enter England under the guise of amity. If he then chose to incite rebellion, he would be indicted and tried for treason. The government, however, treated an alien fighting for a foreign army and captured in Britain as a prisoner of war. The king had never protected him, and thus that man had broken no allegiance. Coke understood allegiance to be a quality of the mind, not confined within any place, and maintained that the oath established legal obedience.