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Conclusion

Published online by Cambridge University Press:  13 October 2009

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Summary

From the beginning of the period under review in this study, the interrelated notions of sovereignty and obedience had become integral parts of the law of treason. However imprecisely defined, that law thus expressed the nature of political authority. Since the king was sovereign, all the inhabitants of France were his subjects and owed him absolute obedience; furthermore, since he embodied public majesty, any treason against him was treason against the realm, and conversely any treason against the realm was treason against him. One need not belabour the fact that injured majesty was the central, all-encompassing aspect of treason in later medieval France; and that betrayal, though primordial, was but a subordinate one. Trahison could be committed against anybody, whereas lèsemajesté could be committed only against the king, the crown or the kingdom.

The wide scope of the law of treason developed naturally from this concept of lese-majesty. Given the poor state of public order and the frequent political crises – conditions that were aggravated, if not caused, by the English threat to the crown – one might argue that such a development of the law was also inevitable. The kings, though theoretically legibus absoluti, were nevertheless expected to rule by law, and consequently the law of treason provided for the monarchy a most important legal justification with which to anticipate charges of arbitrary repression or personal vengeance.

There were other dimensions of such a far-reaching law of treason. More severe than those for other crimes, the penalties for treason were intended to deter, control and influence as much as to punish effectively.

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Publisher: Cambridge University Press
Print publication year: 1982

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  • Conclusion
  • S. H. Cuttler
  • Book: The Law of Treason and Treason Trials in Later Medieval France
  • Online publication: 13 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511562396.014
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  • Conclusion
  • S. H. Cuttler
  • Book: The Law of Treason and Treason Trials in Later Medieval France
  • Online publication: 13 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511562396.014
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • S. H. Cuttler
  • Book: The Law of Treason and Treason Trials in Later Medieval France
  • Online publication: 13 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511562396.014
Available formats
×