반역법의 강화와 사회적 변화 -에드워드 왕들의 통치기를 중심으로- = Enforcement of the Treason Act and Social Change

다국어 초록 (Multilingual Abstract)

For Glanvill the law of treason was a mixture of Roman and Germanic ideas. The great influence of treason act was the writing of Bracton. In the matter of procedure to be employed in cases of treason, Bracton supplemented Glanvill. In the reign of the king Edwards, England suffered considerably as a result of their military involvements. In the thirteenth and fourteenth centuries, king Edwards` subjects represented themselves as oppressed, and the country as impoverished as a result of the way in which men, money and supplies had been raised for war. Expensive as the conquest of Wales was, far more was spent on the wars with France and Scotland in the king Edwards reign. What could be done? King Edwards could revive their feudal rights to aids and could levy tallage on their demesnes. English trade could be exploited by means of heavier customs duties. While the war in Scotland and France remained popular, king Edwards could rely on the military support of many of the magnates and clergy. But king Edwards could not abandon the war in Scotland. And added to all the problems inherited from Edward I was one new one, that of the king`s relationship with magnates. The costs of the campaigns made the crown increasingly dependent on the grant of taxation by its subjects. The demands made for military service, for money and for goods prompted political opposition. The treason under the first two Edwards was then the development of conviction on the king`s record. King Edwards` intent was primarily to extend treason for political purposes. From the succession of Edward III the use of the king`s record in trials of treason disappeared save where the crime was one of fighting the king in open war. So enactment of the treason act of 1352 was derived from arbitrary punishments which hadruined so many noble families in the reign of Edward II. But the king was never restricted to direct relations only with his tenants-in-chief. Ultimately everybody owed their service and an overriding obligation of allegiance to the king himself. In this circumstances, contents of the treason act of king Edwards was strengthened. So we can assert that the English social structure in the reign of king Edwards was Bastard Feudalism.