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Cambridge Studies in Early Modern British History
Series editors
anthony fletcher
Victoria County History, Institute of Historical Research, University of London
john guy
Professor of Modern History, University of St. Andrews
and john morrill
Professor of British and Irish History, University of Cambridge,
and Vice-Master of Selwyn College
This is a series of monographs
and studies covering many aspects
of the history of the
British Isles between the late fifteenth century and the early eighteenth century. It
includes the work of established scholars and pioneering work by a new generation of
scholars. It includes both reviews and revisions of major topics and books, which open
up new historical terrain or which reveal startling new perspectives on familiar subjects.
All the volumes set detailed research into our broader perspectives and the books are
intended for the use of students as well as of their teachers.
For a list of titles in the series, see end of book.

TREASON AND
THE STATE
Law, Politics, and Ideology in the
English Civil War
D. ALAN ORR
  
Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo
Cambridge University Press
The Edinburgh Building, Cambridge  , United Kingdom
First published in print format
ISBN-13 978-0-521-77102-3 hardback
ISBN-13 978-0-511-06879-9 eBook (EBL)
© D. Alan Orr 2002
2002
Information on this title: www.cambrid
g
e.or
g
/9780521771023
This book is in copyright. Subject to statutory exception and to the provision of
relevant collective licensing agreements, no reproduction of any part may take place
without the written permission of Cambridge University Press.
ISBN-10 0-511-06879-4 eBook (EBL)
ISBN-10 0-521-77102-1 hardback
Cambridge University Press has no responsibility for the persistence or accuracy of
s for external or third-party internet websites referred to in this book, and does not
guarantee that any content on such websites is, or will remain, accurate or appropriate.
Published in the United States by Cambridge University Press, New York
www.cambridge.org
CONTENTS
Acknowledgmentspageix
List of abbreviations xi
Introduction 1
Part I: Concepts
1 The statutory basis of English
treason law 11
2 Sovereignty and state 30
Part II: Practice
3 Thomas Wentworth, First Earl of Strafford 61
4 William Laud, Archbishop of Canterbury 101
5 Connor Lord Maguire, Second Baron of Enniskillen 141
6 Charles Stuart, King of England 171
Conclusion 206
Bibliography 211
Index 224
vii

ACKNOWLEDGMENTS
An older and wiser friend once remarked to me that many projects of histor-
ical research begin serendipitously – a chance curiosity growing into some-
thing larger, more involved, and more substantive over a lengthy period of
time. At the time I greeted this statement with great skepticism;
however,
I now realize that it is usually true more often than not. This book is a result
of
one of those chance curiosities demanding further exploration.
In this process of exploration there are many people who have helped
along the
way. John Morrill supervised the Cambridge doctoral dissertation
from which this book derives and continued to believe in it even when I was
not sure that I did. My examiners Glenn Burgess and
Conrad Russell made
a potentially difficult and intimidating process not only enjoyable but also
highly instructive and stimulating. William Davies at Cambridge University
Press has been an exemplar of patience with yet another late manuscript.
Wallace MacCaffrey, Alan Cromartie, David Smith, Paul Bradbury, and Phil
Withington read and commented on the manuscript at various stages of
its evolution and provided invaluable input. During my time at Cambridge
I was fortunate to be surrounded by a lively and supportive circle working in
the early modern period
including Oleg Roslak, Geoff Baldwin, Tony Nuspl,
Craig Muldrew, Patrick Carter
, Jurgen Overhoff, Mark Perrott, Phil Baker,
Elliot Vernon, Phil West, Mary Morrissey
, Nicola Perkins, Katie Craik, Neil
Reynolds, Eamonn O’Ciardha, Doron Zimmerman, and Neel Mukherjee.
A special thankyou goes also to Adam Slater, Steve Hudson, Hugo Azerad,
and Larry Small.
I would like also to thank the staff of the Cambridge University Library
Rare Books and Manuscripts Rooms as well as David De Lorenzo of the
Harvard Law School Library, who was extremely helpful during a short
visit in 1997. I am also grateful to the Social Sciences and Humanities
Research Council of Canada, the Cambridge Commonwealth Trust,
and
Selwyn College Cambridge for providing generous financial assistance at
various stages. Most of chapter 5 of this book appeared as part of a slightly
lengthier article in the Journal of British Studies 39 (2000) titled “England,
ix
x Acknowledgments
Ireland, Magna Carta, and the Common Law: The Case of Connor Lord
Maguire, 2nd Baron of Enniskillen.” I would like to extend my gratitude to
the University of Chicago Press for granting permission to reprint a revised
version of that article as part of this study.
My final thankyou goes to my parents, Don and Carrole Orr, for patiently
indulging these serendipitous curiosities that have preoccupied me so much
in recent years. Without them all this would be impossible.
ABBREVIATIONS
AHR American Historical Review
AJLH American Journal of Legal History
Anderson Named Reporter contained in the
English Reports
BL Harl. British Library, Harleian MSS
BL Sloane British Library, Sloane MSS
BL TT British Library, Thomason Tracts
Bodl. Lib. Tanner Bodleian Library, Tanner MSS
CJ Journal of the House of Commons
Coke, Reports The Reports of Sir Edward Coke, knt.
In thirteen parts. 6 vols. John Henry Thomas
and John Farquhar Fraser, eds. London, 1826
DNB Dictionary of National Biography
Dyer Named Reporter contained in the English
Reports
EHR English Historical Review
Eng. Rep. English Reports. London, serial
HJ Historical Journal
HLQ Huntingdon Library Quarterly
HLS Harvard Law School MSS
HMC Lords XI HMC House of Lords, The Manuscripts of The
House of Lords, Addenda 1514–1714. vol. XI,
new series, ed. Maurice F. Bond, London, 1962
HPT History of Political Thought
IHS Irish Historical Studies
Irish Statutes W. Ball ed., The Statutes at Large passed in
the Parliaments held in Ireland,20vols.
Dublin 1784–1801.
IT Petyt Inner Temple, Petyt MSS
JBS Journal of British Studies
JEH Journal of Ecclesiastical History
xi
xii List of abbreviations
JLH Journal of Legal History
LJ Journal of the House of Lords
LQR Law Quarterly Review
MM Manuscript Minutes of the House of Lords
New DNB New Dictionary of National Biography
P&P Past and Present
PRO SP Public Record Office, State Papers
SL
The Statutes at Large
,
18 vols. London 1763
–1800
SR The Statutes of the Realm, 11 vols. Reprinted
London, 1963
State Trials Cobbett W. and Howell T. B. et al., eds., A Complete
Collection of State Trials. 33 vols. London,
1809–1826
WC Clarke Worcester College Oxford, Clarke MSS
Works The Works of the most reverend father in God
William Laud, D.D. sometime Lord Archbishop
of Canterbury, ed. J. Bliss and W. Scott, 7 vols.
Oxford, 1847–1860