Хатунов С.Ю. Анализ трактата «Placita Corone» («Уголовные дела»)

Аннотация: Besides many basic acts Bracton’s treatise and several others enriched English law in XIII century. In abundance of legal documents there is one anonymous legal treatise also known as Placita Corone considered the issues of criminal process only. It has been remaining very popular among lawyers, men of affairs and religious houses for more than a century since it was written. Placita Corone describes criminal cases during the period when private criminal prosecution and especially appeals was at their peak, and public prosecution especially indictment was in the making. It was effectual for more than a century because of many copies have been issued for a wide audience – lawyers, men of affairs and religious houses. The treatise has full and short versions with a little difference in meaning, but the short version has some textual differences and additions. The treatise in full version consists of several semantic parts: the prologue, the examples of judicial inquiry of several appeals: for wounding, of a woman for the killing of her husband in her arms, of a woman who has been raped, for robbery, against those who were abettors in the above robbery, for procuring, commanding, or receiving, for robbery done at night, against the receiver, for theft; three examples of indictings: for theft, for a killing done in self defence, and for petty treason (traitorously killed master). In short version the contents of the full version repeats abstractively, without any classification and without observance of an order of consideration of judicial investigations as it was done in full version. Private criminal prosecuting in medieval England was complicated, long and expensive process extended over the years. Even experienced lawyer was not always able to remember all the abstrusities of the numerous proceedings. Note-making in the court could not correct a deficiency in knowledge of procedure because of being abrupt and fragmentary. Placita Corone actually helped them to fill in the blanks in knowledge of the procedure and thereby gave them written over and classified court roll records, and the use of words “si devez saver,” “fet asaver, “ore devez saver,” and “ore est a saver” indicates its training role and academic interest as component parts of the treatise.

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Abstract: Besides many basic acts Bracton’s treatise and several others enriched English law in XIII century. In abundance of legal documents there is one anonymous legal treatise also known as Placita Corone considered the issues of criminal process only. It has been remaining very popular among lawyers, men of affairs and religious houses for more than a century since it was written. Placita Corone describes criminal cases during the period when private criminal prosecution and especially appeals was at their peak, and public prosecution especially indictment was in the making. It was effectual for more than a century because of many copies have been issued for a wide audience – lawyers, men of affairs and religious houses. The treatise has full and short versions with a little difference in meaning, but the short version has some textual differences and additions. The treatise in full version consists of several semantic parts: the prologue, the examples of judicial inquiry of several appeals: for wounding, of a woman for the killing of her husband in her arms, of a woman who has been raped, for robbery, against those who were abettors in the above robbery, for procuring, commanding, or receiving, for robbery done at night, against the receiver, for theft; three examples of indictings: for theft, for a killing done in self defence, and for petty treason (traitorously killed master). In short version the contents of the full version repeats abstractively, without any classification and without observance of an order of consideration of judicial investigations as it was done in full version. Private criminal prosecuting in medieval England was complicated, long and expensive process extended over the years. Even experienced lawyer was not always able to remember all the abstrusities of the numerous proceedings. Note-making in the court could not correct a deficiency in knowledge of procedure because of being abrupt and fragmentary. Placita Corone actually helped them to fill in the blanks in knowledge of the procedure and thereby gave them written over and classified court roll records, and the use of words “si devez saver,” “fet asaver, “ore devez saver,” and “ore est a saver” indicates its training role and academic interest as component parts of the treatise.

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